Turkey – prison sentence imposed by Diyarbakir National Security Court on account of a statement to journalists (Articles 168 and 312 of the Criminal Code) – accused unable to appear at hearing in that court (Article 226 – 4 of the Code of Criminal Procedure in force at material time) – length of criminal proceedings … Continue reading Zana v Turkey: ECHR 25 Nov 1997
No violation of Art. 8; No violation of P1-1. A restriction on a landlord’s right to terminate a tenant’s lease constitutes control of the use of property within the meaning of the second paragraph of the article Citations: [1995] ECHR 49, 18072/91 Links: Worldlii, Bailii Cited by: Cited – Salvesen v Riddell and Another; The … Continue reading Barreto v Portugal: ECHR 21 Nov 1995
The Commission had concluded, by a narrow majority, that the measures taken by the respondent in refusing planning permission and enforcing planning orders were excessive and disproportionate, even allowing a margin of appreciation enjoyed by the national authorities. The Commission found that the interests of the applicant outweighed the general interest. The Court, also by … Continue reading Buckley v The United Kingdom: ECHR 25 Sep 1996
(Preliminary objections) The ECHR considered the situation in northern Cyprus when it was asked as to Turkey’s preliminary objections to admissibility: ‘although Article 1 sets limits on the reach of the Convention, the concept of ‘jurisdiction’ under this provision is not restricted to the national territory of the High Contracting Parties. According to its established … Continue reading Loizidou v Turkey: ECHR 23 Mar 1995
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that planning permission should be granted), (b) (that there had been no breach of planning control) and … Continue reading Bryan v The United Kingdom: ECHR 22 Nov 1995
The applicant had been questioned several times without access to a lawyer while he was in police custody. Held: Overall there had been no breach of article 6(1). The right set out in article 6(3)(c) is one element, among others, of the concept of a fair trial in criminal proceedings in article 6(1). The way … Continue reading Imbrioscia v Switzerland: ECHR 24 Nov 1993
S had been convicted on the basis of the evidence of drug addicts and in the situation where there was no opportunity to confront the witness. Held: ‘The court reiterates that the taking of evidence is governed primarily by the rules of domestic law, and that it is in principle for the national courts to … Continue reading Saidi v France: ECHR 20 Sep 1993
Hudoc The Court considered the compatibility with Article 6(1) of a magistrate’s dual function of investigation and judgment. Held: The summary investigative measures carried out by the magistrate in the particular case did not give rise to an objectively justified fear that he lacked impartiality when acting thereafter as judge in the case. Citations: [1993] … Continue reading Padovani v Italy: ECHR 26 Feb 1993
Five Tamils were refused asylum in the UK and returned to Sri Lanka but then continued to suffer ill-treatment. Their complaints to Strasbourg were rejected under both Articles 3 and 13, but with regard to Article 3, it held: ‘108. The court’s examination of the existence of a risk of ill-treatment in breach of Article … Continue reading Vilvarajah and Others v The United Kingdom: ECHR 30 Oct 1991
(Judgment) Common commercial policy – Anti-dumping measures – Article 1(2) of Regulation (EEC) No 2849/92 – Modification of the definitive anti-dumping duty on imports of ball bearings with a greatest external diameter exceeding 30 mm originating in Japan – Reference for a preliminary ruling on whether that regulation is valid – Failure by the plaintiff … Continue reading Nachi Europe C-239/99: ECJ 15 Feb 2001
Appeal – Officials – Disciplinary proceedings – Suspension – Statement of reasons – Alleged misconduct – Articles 11, 12 and 17 of the Staff Regulations – Equal treatment Judges: GC Rodriguez Iglesias, P Citations: C-273/99, [2001] EUECJ C-273/99P, [2001] EUECJ C-273/99 Links: Bailii, Bailii Cited by: See Also – Connolly v Commission (Judgment) ECJ 6-Mar-2001 … Continue reading Connolly v Commission: ECJ 6 Mar 2001
ECJ (Judgment) Social security for migrant workers – Austrian scheme of insurance against the risk of reliance on care – Classification of benefits and lawfulness of the residence condition from the point of view of Regulation (EEC) No 1408/71 Citations: [2001] EUECJ C-215/99, [2001] ECR I-1901, ECLI:EU:C:2001:139 Links: Bailii Jurisdiction: European Cited by: Cited – … Continue reading Jauch v Pensionsversicherungsanstalt der Arbeiter: ECJ 8 Mar 2001
(Free movement of persons) (Judgment) Social security for migrant workers – Equal treatment – National legislation fixing, in connection with the transfer abroad of retroactive pension payments, a higher minimum amount than that paid within the country‘the object of article 3(1) of Regulation No 1408/71 is to ensure, in accordance with [article 39 EC], equal … Continue reading Borawitz v Landesversicherungsanstalt Westfalen: ECJ 21 Sep 2000
ECJ Judgment – Failure of a Member State to fulfil its obligations – Article 12(3)(a) of the Sixth VAT Directive – Application of a reduced rate to motorway tolls Citations: [2001] EUECJ C-83/99, C-83/99, [2001] ECR I-445 Links: Bailii Cited by: Cited – Abbey National Plc and others v The Office of Fair Trading CA … Continue reading Commission v Spain: ECJ 18 Jan 2001
ECJ Judgment – Article 41 of the EEC-Morocco Cooperation Agreement – Article 3 of Regulation (EEC) No 1408/71 – Social security – Article 7 of Regulation (EEC) No 1612/68 – Articles 48 and 52 of the EC Treaty (now, after amendment, Articles 39 EC and 43 EC) – Freedom of movement for persons – Non-discrimination … Continue reading Fahmi and Esmoris Cerdeiro-Pinedo Amado v Bestuur van de Sociale Verzekeringsbank: ECJ 20 Mar 2001
ECJ National rules embodying a specification contained in a document which lays down the characteristics required of a product, including the requirements applicable to the product as regards labelling, constitute technical specifications within the meaning of Article 1(2) of Directive 83/189 laying down a procedure for the provision of information in the field of technical … Continue reading Unilever Italia SpA v Central Food SpA: ECJ 26 Sep 2000
ECJ Agriculture – Common agricultural policy – Structural reform Improving the efficiency of structures – Recognising the status of farmers practising farming as their main occupation Regulations Nos 797/85 and 2328/91 – Reliance before a national court by limited companies in the absence of implementing measures in the national legal system Not permissible (Council Regulations … Continue reading Azienda Agricola Monte Arcosu: ECJ 11 Jan 2001
(Judgment) Failure by a Member State to fulfil its obligations – Articles 6 and 52 of the EC Treaty (now, after amendment, Articles 12 EC and 43 EC) – Air traffic – Registration of aircraft Citations: C-203/98, [1999] EUECJ C-203/98 Links: Bailii Statutes: EC Treaty 6 52 European Updated: 04 June 2022; Ref: scu.162406
(Judgment) Failure to fulfill obligations – Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 to 143 EC) – Directives 75/117 / EEC and 79/7 / EEC – Equal pay for men and women – family and marriage allowances – old-age pensions – Calculation … Continue reading Commission v Greece: ECJ 28 Oct 1999
The fact that specific goods bearing a Trade Mark had been authorised for distribution within the EEA, did not mean that the relative trade mark rights had been exhausted. They would only be exhausted where the consent related to each individual item in respect of which the exhaustion was pleaded. National rules providing for exhaustion … Continue reading Sebago and Maison Dubois et Fils SA v GB-Unic SA: ECJ 1 Jul 1999
ECJ Reference for a preliminary ruling: High Court of Justice, Queen’s Bench Division – United Kingdom. Agriculture – Common organisation of the markets – Beef – Export refunds -Beef of British origin repatriated to the United Kingdom as a result of the announcements and decisions made in relation to ‘mad cow disease’ – Force majeure. … Continue reading Regina v Intervention Board for Agricultural Produce, ex parte First City Trading and others: ECJ 29 Sep 1998
ECJ Directive 93/16/EEC – Specific training in general medical practice – Article 31 Citations: C-93/97, [1998] EUECJ C-93/97 Links: Bailii Jurisdiction: European Health Professions Updated: 03 June 2022; Ref: scu.162069
ECJ It is clear from the very wording of Articles 85(1)(a), (b), (d) and (e) and 86(a) to (d) of the Treaty (now Articles 81(1)(a), (b), (d) and (e) EC and 82(a) to (d) EC) that the same practice may give rise to an infringement of both provisions. Simultaneous application of Articles 85 and 86 … Continue reading Compagnie Maritime Belge Transports and others v Commission: ECJ 16 Mar 2000
National Trade Mark rules providing for exhaustion of rights in Trade Marks for goods sold outside area of registration were contrary to the EU first directive on trade marks. A company could prevent sale of ‘grey goods’ within the internal market. Articles 5 to 7 of the directive embody a ‘complete harmonisation’ of the rules … Continue reading Silhouette International Schmied GmbH and Co KG v Hartlauer Handelsgesellschaft mbH: ECJ 16 Jul 1998
An excise duty which is charged on electricity of domestic origin at rates which vary according to its method of production, while being levied on imported electricity at a flat rate which is higher than the lowest rate but lower than the highest rate applicable to electricity of domestic origin, constitutes internal taxation within the … Continue reading Proceedings brought by Outokumpu Oy: ECJ 2 Apr 1998
ECJ Directive 75/442 on waste, as amended by Directive 91/156, and Regulation No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community cannot be interpreted as meaning that the principles of self-sufficiency and proximity are applicable to shipments of waste for recovery. That follows from the … Continue reading Chemische Afvalstoffen Dusseldorp and others v Minister van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer: ECJ 25 Jun 1998
(Judgment) 1 Appeals – Pleas in law – Only pleas in law supported by legal argument admissible (EC Treaty, Art. 168a; EC Statute of the Court of Justice, Art. 51; Rules of Procedure of the Court of Justice, Art. 112(1)(c)) 2 Appeals – Pleas in law – Inadequate reasoning – Principle of sound management – … Continue reading de Rijk v Commission: ECJ 29 May 1997
ECJ Order – 1. It is open to the Court hearing an application for interim relief to order the suspension of the operation of an act, or other interim measures, if it is established that such an order is justified, prima facie, in fact and in law and that it is urgent in so far … Continue reading United Kingdom v Commission: ECJ 5 May 1998
ECJ The increase provided for in Article 1(3) of Regulation No 738/92 imposing a definitive anti-dumping duty on imports of cotton yarn originating in Brazil and Turkey must be applied whenever it is agreed that imported goods are to be paid for more than 30 days after their arrival in the customs territory of the … Continue reading ICT v Fazenda Publica: ECJ 29 May 1997
ECJ (Judgment) 1 Acts of the institutions – Regulations – Basic regulations and implementing regulations – Scope of power of implementation – Limits – Implementing rules introducing, in relation to inward processing, a condition for recourse to equivalent compensation not laid down in the basic regulation – Lawful (Council Regulations Nos 1999/85, Art. 2(4), and … Continue reading Directeur general des douanes and droits indirects v Eridania Beghin-Say: ECJ 13 Mar 1997
(Judgment) The special measures for derogation which the Member States may introduce, pursuant to Article 27 of the Sixth Council Directive 77/388 on the harmonization of the laws of the Member States relating to turnover taxes, in order to prevent tax evasion or avoidance must be strictly interpreted and may not derogate from the basis … Continue reading Finanzamt Bergisch Gladbach v Skripalle: ECJ 29 May 1997
ECJ The aim of the pre-litigation procedure provided for in Article 169 of the Treaty is to give the Member State concerned an opportunity to justify its position or, as the case may be, to comply of its own accord with the requirements of the Treaty. If that attempt to reach a settlement proves unsuccessful, … Continue reading Commission v Netherlands (Judgment): ECJ 19 May 1998
ECJ (Order) 1. Under Article 168a of the Treaty, an appeal is confined to points of law and this limitation is further embodied in the first paragraph of Article 51 of the Statute of the Court of Justice. Thus, an appeal may rely only on grounds relating to infringements of rules of law, to the … Continue reading Odigitria v Council and Commission: ECJ 28 Nov 1996
ECJ (Judgment) Tax provisions – Harmonization of laws – Turnover taxes – Common system of value added tax – Taxable persons – Bodies governed by public law – Activities in the exercise of public authority not taxable – Definition – Option for Member States to include activities exempted by virtue of Article 13 of the … Continue reading Finanzamt Augsburg-Stadt v Marktgemeinde Welden: ECJ 6 Feb 1997
(Judgment) Given that freedom of establishment is not confined to the right to create a single establishment within the Community but includes freedom to set up and maintain, subject to observance of the professional rules of conduct, more than one place of work within the territory of the Member States, Article 52 of the Treaty … Continue reading Inasti v Kemmler: ECJ 15 Feb 1996
When defining the relevant market for the purpose of applying Article 86 of the Treaty, the competitive conditions and the structure of supply and demand on the market are relevant criteria for determining whether certain products are interchangeable with others. Application of Article 86 presupposes a link between the dominant position and the alleged abusive … Continue reading Tetra Pak v Commission: ECJ 14 Nov 1996
ECJ (Judgment) 1 Freedom to provide services – Restrictions – Whether permissible – Conditions (EC Treaty, Art. 59) 2 Freedom to provide services – Judicial recovery of debts – Restrictions – Obligation to use the services of a lawyer – Justification on grounds of the general interest – Protection of recipients of services and proper … Continue reading Reiseburo Broede v Sandker: ECJ 12 Dec 1996
ECJ (Judgment) Under Articles 1(5) and 8(1) of Directive 83/189 laying down a procedure for the provision of information in the field of technical standards and regulations, Member States are required to communicate to the Commission forthwith, irrespective of the effects which it may have on trade between Member States, any draft technical specifications, the … Continue reading Commission v Netherlands: ECJ 11 Jan 1996
(Judgment) Articles 59 and 60 of the Treaty preclude a Member State from requiring an undertaking in the construction industry established in another Member State and temporarily carrying out works in the first-mentioned Member State to pay employer’ s contributions in respect of loyalty stamps and bad-weather stamps with respect to workers assigned to carry … Continue reading Criminal proceedings against Guiot: ECJ 28 Mar 1996
ECJ Article 2(2) of Directive 92/49 on the co-ordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239 and 88/357 is to be interpreted as meaning that social security schemes such as the French statutory social security schemes providing health and maternity insurance for the self-employed … Continue reading Jose Garcia and others v Mutuelle de Prevoyance Sociale d’Aquitaine and others: ECJ 26 Mar 1996
ECJ (Judgment) Social security for migrant workers – Family benefits – Article 74 of Regulation (EEC) No 1408/71. Citations: C-243/94, [1996] EUECJ C-243/94 Links: Bailii Jurisdiction: European Benefits Updated: 03 June 2022; Ref: scu.161423
ECJ (Order) 1. Neither the declaration of the European Council on the entry into force of the Treaty on European Union nor the Treaty on European Union is an act whose legality is subject to review under Article 173 of the Treaty. 2. Where all the other pleas in law relied upon in an appeal … Continue reading Roujansky v Council: ECJ 13 Jan 1995
ECJ 1. Since, under the common organization of the markets in sheepmeat and goatmeat, the purpose of charging clawback is to avoid disruption of intra-Community trade arising from the application of the variable slaughter premium, it must be charged in such a way that it neutralizes the effect of the premium on departure from the … Continue reading FMC and others v Intervention Board for Agricultural Produce and Ministry of Agriculture, Fisheries and Food: ECJ 8 Feb 1996
ECJ The prohibition of discrimination based on nationality, laid down in Article 48(2) of the Treaty and Article 7(1) and (4) of Regulation No 1612/68 on freedom of movement for workers within the Community, applies to a national of a Member State who is permanently resident in a non-member country, who is employed by another … Continue reading Boukhalfa v Bundesrepublik Deutschland: ECJ 30 Apr 1996
ECJ When the competent authority of a Member State concludes that a proprietary medicinal product covered by a marketing authorization in another Member State and a proprietary medicinal product for which it has already issued a marketing authorization are manufactured by independent companies pursuant to agreements concluded with the same licensor and that those two … Continue reading Regina v The Medicines Control Agency, ex parte Smith and Nephew Pharmaceuticals and Primecrown v The Medicines Control Agency: ECJ 12 Nov 1996
Europa Articles 73b(1) and 73d(1)(b) of the Treaty, which prohibit restrictions on movements of capital between Member States and between Member States and non-member countries, on the one hand, and authorizing Member States to take all requisite measures to prevent infringements of national law and regulations, on the other, preclude national rules which make the … Continue reading Criminal proceedings against Sanz de Lera and others: ECJ 14 Dec 1995
The competent national authority had no duty under Regulation No 857/84, as amended by Regulation No 764/89, and in particular under Article 3a(1) thereof, to award a provisional special reference quantity exempt from the additional levy on milk to a producer who had obtained primary quota in respect of a separate holding and who, following … Continue reading The Queen v Ministry of Agriculture, Fisheries and Food, ex parte Ecroyd Limited: ECJ 6 Jun 1996
ECJ (Judgment) 1. Pursuant to the division of judicial functions between national courts and the Court of Justice provided for by Article 177 of the Treaty, the Court gives preliminary rulings where the questions referred concern the interpretation of a provision of Community law without, in principle, having to look into the circumstances in which … Continue reading Associazione Italiana per il WWF and others C-118/94: ECJ 7 Mar 1996
ECJ 1 Agriculture – Common organization of the markets – Milk and milk products – Additional levy on milk – Temporary suspension of a percentage of the reference quantities exempt from the levy – Conversion into definitive reduction without compensation – Principle of protection of legitimate expectations – Right to property – Principle of proportionality … Continue reading Irish Farmers Association and others v Minister for Agriculture, Food and Forestry, Ireland and Attorney General: ECJ 15 Apr 1997
ECJ 1. Under the procedure laid down in Article 177 of the Treaty, it is not for the Court to determine whether the decision whereby a matter is brought before it was taken in accordance with the rules of national law governing the organization of the courts and their procedure. The Court must abide by … Continue reading SFEI and others v La Poste and others: ECJ 11 Jul 1996
ECJ Article 8(1), third subparagraph (a), of Regulation No 3330/74 on the common organization of the markets in the sugar sector, as amended by Regulation No 1396/78, Article 8(2), third subparagraph (a), of Regulation No 1785/81, which is in identical terms and replaced Regulation No 3330/73, and Article 6(4) of Regulation No 1358/77 laying down … Continue reading SAFBA v Ministre du Budget: ECJ 4 May 1995
ECJ Agriculture – Common organization of the markets – Wine – Description and presentation of wines – ‘Qualitaetsweine mit Praedikat’ (quality wines bearing quality indications) – Repetition on the label of the terms ‘Kabinett’, ‘Spaetlese’ or ‘Auslese’ as parts of a brand name – Whether permissible – ‘Qualitaetsweine b.A.’ (German quality wines produced in specified … Continue reading Zentrale zur Bekampfung unlauteren Wettbewerbs v Langguth: ECJ 29 Jun 1995
The Government should not be ordered to pay compensation for failing to implement a European Directive which remained ambiguous. A failure to implement a directive into national law may be actionable but there would normally be only small damages. The breach here had not involved a manifest and grave disregard of European law. LMA BT … Continue reading Regina v H M Treasury, ex parte British Telecommunications: ECJ 26 Mar 1996
Europa Bananas – Common organization of the markets – Import regime. In the procedure for the adoption of a regulation by the Council, the fact that the proposal from the Commission, amended in accordance with a political agreement accepted by the competent member on behalf of the Commission at a Council session and approved by … Continue reading Federal Republic of Germany v Council of the European Union: ECJ 5 Oct 1994
A retail mail-order supplier, had run two promotions, a ‘self-introduction’ scheme and a ‘introduce a friend’ scheme. Under either scheme the introducer (once she or her friend had been approved, placed an order and paid for it) became entitled to receive, without payment, a household item (such as a toaster, a kettle or an iron) … Continue reading Empire Stores v Commissioners of Customs and Excise: ECJ 2 Jun 1994
ECJ Despite the limited character of the harmonization of rules in respect of collective redundancies which Directive 75/129 was intended to bring about, national rules which, by not providing for a system for the designation of workers’ representatives in an undertaking where an employer refuses to recognize such representatives, allow an employer to frustrate the … Continue reading Commission v United Kingdom (Judgment): ECJ 8 Jun 1994
Europa Where the high seas are concerned, the Community has the same rule-making authority in matters within its jurisdiction as that conferred under international law on the State whose flag the vessel is flying or in which it is registered. It has, in particular, competence to adopt, for vessels flying the flag of a Member … Continue reading Etablissements Armand Mondiet SA v Armement Islais SARL: ECJ 24 Nov 1993
ECJ 1. In proceedings under Article 169 of the Treaty, it is for the Commission to judge at what time it will bring an action for failure to fulfil obligations; the considerations which determine its choice of time cannot affect the admissibility of the action. That being so, the fact that no action was taken … Continue reading Commission v Germany (Rec 1994,p I-2039) (Judgment): ECJ 1 Jun 1994
ECJ 1. The factor which determines whether Article 71 of Regulation No 1408/71 applies at all is the residence of the person concerned in a Member State other than that to whose legislation he was subject during his last employment. The first sentence of Article 71(1)(b)(ii) of Regulation No 1408/71 for that reason does not … Continue reading Maitland Toosey v Chief Adjudication Officer: ECJ 27 Jan 1994
Europa An invalidity benefit paid by a Member State to a migrant worker is to be regarded as determined in accordance with Article 46 of Regulation No 1408/71 even if its amount, calculated in accordance with the rules of national law, including the national provisions against overlapping, is equal to the amount calculated in accordance … Continue reading Bogana v Union nationale des mutualites socialistes (Rec 1993,p I-755) (Judgment): ECJ 18 Feb 1993
(Judgment) 1. Under the system of judicial cooperation established by Article 177 of the Treaty, the interpretation of national rules is a matter for the national courts and not for the Court of Justice, even though it has been consistently held that where national rules have been adopted in order to implement a Community directive, … Continue reading Criminal proceedings against Vanacker and Lesage: ECJ 12 Oct 1993
Europa The term ‘letting of immovable property’ used in Article 13B(b) of the Sixth Directive (77/388) on the harmonization of the laws of the Member States relating to turnover taxes to define a transaction which is compulsorily exempt from VAT covers the case where a tenant, for consideration, surrenders his lease and returns the immovable … Continue reading Lubbock Fine v Commissioners of Customs and Excise: ECJ 15 Dec 1993
Europa Community law does not preclude the application of a national rule of law according to which benefits for incapacity for work are payable no more than one year before the date of claim, in the case where an individual seeks to rely on rights conferred directly, with effect from 23 December 1984, by Article … Continue reading Steenhorst-Neerings v Bestuur van de Bedrijfsvereniging voor Detailhandel, Ambachten en Huisvrouwen: ECJ 27 Oct 1993
(Judgment) Article 26 of Directive 77/388: Sixth Directive, which concerns the special scheme applicable to travel agents in the matter of imposition of value added tax, must be interpreted as meaning that the fact that the transport of the traveller is not arranged by a travel agent or tour operator and that the latter merely … Continue reading Van Ginkel Waddinxveen v Inspecteur der Omzetbelasting: ECJ 12 Nov 1992
ECJ Article 3(1) of Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings is to be interpreted as not precluding an employee of the transferor on the date of the transfer of the undertaking, within the meaning of … Continue reading Katsikas and others v Konstantinidis and others: ECJ 16 Dec 1992
ECJ (Judgment) 1. Pursuant to Regulation No 3972/86 on food-aid policy and food-aid management, such aid is supplied on the basis of contractual undertakings between the Commission and the successful tenderers. The relationship between successful tenderers and the Commission cannot be held to be governed entirely by regulatory provisions, particularly in view of the fact … Continue reading Cebag v Commission: ECJ 11 Feb 1993
Europa Article 3(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security, which defines the matters covered by the directive, is to be interpreted as not referring to a statutory scheme which, on certain conditions, provides persons with means below a legally … Continue reading Jackson and Cresswell v Chief Adjudication Officer (Judgment): ECJ 16 Jul 1992
Europa 1. In view of the uncertainties in the present state of scientific research in the matter of food additives and of the absence of complete harmonization of national legislation, Articles 30 and 36 of the Treaty do not preclude national legislation restricting the use of such substances and laying down a maximum limit on … Continue reading Criminal proceedings against Debus Pretura circondariale di Pordenone et Pretura circondariale di Vigevano (Rec 1992,p I-3617) (Judgment): ECJ 4 Jun 1992
Europa Article 7(1)(a) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security must be interpreted as authorizing the determination of a statutory pensionable age which differs according to sex for the purposes of granting old-age and retirement pensions and also forms of … Continue reading Regina v Secretary of State for Social Security, ex parte the Equal Opportunities Commission: ECJ 7 Jul 1992
Europa 1. In the framework of the procedure for cooperation between the Court of Justice and the courts of the Member States provided for by Article 177 of the Treaty, the national court, which alone has direct knowledge of the facts of the case, is in the best position to assess, having regard to the … Continue reading Lourenco Dias v Director da Alfandega do Porto: ECJ 16 Jul 1992
(Rec 1991,p I-4743) (Judgment) 1. The second paragraph of Article 37 of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters is to be interpreted as meaning that a decision taken under Article 38 of the Convention by which the court with which an appeal has … Continue reading Van Dalfsen and others v Van Loon and others: ECJ 4 Oct 1991
Europa The combined provisions of Articles 3(3) and 3a of Regulation No 857/84, as amended by Regulation No 764/89 and subsequently by Regulation No 1639/91, do not provide for any possibility of granting a reference quantity to a producer whose conversion period, in performance of an undertaking given under Regulation No 1078/77, expired before 1 … Continue reading William Dowling v Ireland, Attorney General and Minister for Agriculture and Foods: ECJ 22 Oct 1992
Eiropa 1. The requirement of relative stability in the allocation among the Member States of the catches available to the Community, in the event of limitation of fishing activities under Article 4(1) of Regulation No 170/83, must be understood as meaning that in that distribution each Member State is to retain a fixed percentage. The … Continue reading Spain v Council (Rec 1992,p I-5191) (Judgment): ECJ 13 Oct 1992
ECJ 1. Article 5(4)(b) and (7) of Directive 79/373 on the marketing of compound feedingstuffs must be interpreted as meaning that it does not preclude a Member State from introducing into its legislation an obligation to indicate the ingredients used, in descending order of their proportion, in those feedingstuffs, even if no such obligation existed … Continue reading Denkavit Futtermittel v Land Baden-Wurttemberg: ECJ 20 Jun 1991
The existence, as a consequence of the Customs Union, of a general principle of freedom of transit of goods within the Community does not, as Article 10 of Regulation No 222/77 affirms, have the effect of precluding the Member States from verifying the nature of goods in transit, pursuant to the Treaty, in particular Article … Continue reading Criminal proceedings against Richardt: ECJ 4 Oct 1991
ECJ Article 14 of Directive 79/112 on labelling and presentation of foodstuffs, which requires Member States to prohibit the sale of such products within their territories if certain particulars ‘do not appear in a language easily understood by purchasers, unless other measures have been taken to ensure that the purchaser is informed’, requires only the … Continue reading Piageme v Peeters: ECJ 18 Jun 1991
Europa Article 29(5) of Council Directive 71/305, from which the Member States may not depart to any material extent when implementing it, prohibits Member States from introducing provisions which require the automatic disqualification from the award of public works contracts of certain tenders determined according to a mathematical criterion, instead of obliging the awarding authority … Continue reading Dona Alfonso v Consorzio per lo sviluppo industriale del Comune di Monfalcone (Rec 1991,p I-2967,Summ pub ) (Judgment): ECJ 18 Jun 1991
ECJ Articles 59 and 60 of the EEC Treaty and Articles 215 and 216 of the Act of Accession of Portugal must be interpreted as meaning that an undertaking established in Portugal providing services in the construction and public works sector in another Member State may move with its labour force which it brings from … Continue reading Rush Portuguesa Ld v Office National d’immigration: ECJ 27 Mar 1990
The Italian Government was held to have infringed Article 30 by closing all inland frontier posts at which imported grape fruit could be inspected and allowing importation only through certain seaports. Citations: C-128/89, [1990] ECR 1-3239, [1990] EUECJ C-128/89 Links: Bailii Statutes: EC Teaty 30 Cited by: Cited – Regina v Chief Constable of Sussex, … Continue reading Commission v Italy (Judgment): ECJ 12 Jul 1990
The applicant complained that she had been subject to degrading treatment, by virtue of the conditions under which she had first been held in a police cell, and subsequently in prison. She was very severely disabled, and the treatment was unsuitable for her needs, in that male officers had been used to assist her attend … Continue reading Price v United Kingdom: ECHR 10 Jul 2001
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001
The applicant had sought asylum. Her case had been refused, according to the law as stated at that time, but the decision then binding on the adjudicator (Shah), had been reversed in the House of Lords. It had now been held that the women of a country could be seen, at law, as a persecuted … Continue reading Regina (Ivanauskiene) v A Special Adjudicator: CA 31 Jul 2001
ECHR Judgment : No Article 6 – Right to a fair trial : Fourth Section Committee Citations: 64020/09, [2018] ECHR 1039 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 May 2022; Ref: scu.634133
The claimant sought to quash the IAT refusal of leave to appeal a Special Adjudicator’s decision, which had found no exceptional compassionate circumstances. She was a British Overseas Citizen seeking to be united with her family. She asserted that the test applied was too stringent in the light of the Human Rights Act. Held: The … Continue reading Sayania v Immigration Appeal Tribunal: Same v Secretary of State for Home Department: Admn 5 Apr 2001
The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection while he was in prison. He had not eventually been relied upon as a witness. Held: … Continue reading Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003
Prosecutor’s appeal against the adjudication acquitting the Respondent of an offence under section 139(1) of the 1988 Act. The information proffered against him alleged that he had with him, without good reason or lawful authority, an article which had a blade or was pointed, namely a knife with a five inch fixed blade contrary to … Continue reading Director of Public Prosecutions v Ullah: Admn 29 Jan 1998
Customs duties – charges having an effect equivalent to – meaning – phyto-sanitary examination – charges – imposition – prohibition (EEC treaty, article 13 (2)) pecuniary charges, whatever their amount, imposed for reasons of phyto-sanitary examination of products when they cross the frontier, which are determined according to criteria of their own, which criteria are … Continue reading Rewe-Zentralfinanz Egmbh v Direktor Der Landwirtschaftskammer Westfalen-Lippe: ECJ 11 Oct 1973
ECJ Regulation (EC, Euratom) No 2988/95 – Protection of the European Union’s financial interests – Article 3 – Recovery of an export refund – 30-year limitation period – Limitation rule forming part of the general civil law of a Member State – Application ‘by analogy’ – Principle of legal certainty – Principle of the protection … Continue reading Ze Fu Fleischhandel, Vion Trading GmbH v Hauptzollamt Hamburg-Jonas: ECJ 5 May 2011
(EU Trade Mark – Invalidity Proceedings : Judgment) EU trade mark – Invalidity proceedings – EU figurative mark mediaexpert – Earlier national word mark mediaexpert – Relative ground for refusal – Article 53(1)(a) and Article 8(1)(b) of Regulation (EC) No 207/2009 – Evidence of the existence, validity and scope of protection of the earlier mark … Continue reading Mediaexpert v EUIPO – Mediaexpert (Mediaexpert): ECFI 20 Jul 2017
ECJ Civil service – Officials – Assignment – Exercise turning 2010 – Article 1d, paragraphs 1 and 4, the status-Decision C (2008) 3983 – Application for relief from the rotation for health reasons – Duty of care – Decision C (2004) 1318 – Reasonable Accommodation – Directive 2000/78/EC – Equal treatment – Handicap Citations: 62/10, … Continue reading Esders v Commission (Staff Regulations): ECJ 15 Sep 2011
The prisoner had been sentenced to an extended term of five years imprisonment for indecent assault. He had been released, and then recalled for alleged breaches of his licence. The respondent appealed findings that such a recall was subject to article 5, and that his release would be mandatory under s44A(b) if his continued detention … Continue reading Regina (Sim) v Parole Board: CA 18 Dec 2003
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 39708/13, [2018] ECHR 736 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 May 2022; Ref: scu.622653
There is jurisdiction for a civil court to make a declaration as to the criminality of future conduct. Citations: [1997] 10 Adm LR 93, [1997] EWHC Admin 360, [1997] EWHC Admin 121, [1997] EWCA Civ 1393 Links: Bailii, Bailii, Bailii Cited by: Cited – Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another … Continue reading Regina v Director of Public Prosecutions ex parte Camelot Group Plc: Admn 11 Feb 1997
Europa The need for a complete and consistent review of legality requires the first paragraph of Article 173 to be construed as not depriving the Court of jurisdiction to consider, in proceedings for the annulment of a measure based on a provision of the EEC Treaty, a submission concerning the infringement of a rule of … Continue reading Greece v Council: ECJ 29 Mar 1990
Emballage Pour Cornets A Glace (Intellectual, Industrial and Commercial Property – Judgment – Community design – Invalidity proceedings – Registered Community design representing an ice cream cornet – Earlier international registration designating Bulgaria – Ground for invalidity – Use in the subsequent design of a distinctive sign the holder of which has the right to … Continue reading Solen Cikolata Gida Sanayi Ve Ticaret v EUIPO – Zaharieva: ECFI 7 Feb 2018
Judgment – Reference for a preliminary ruling – Protection of the safety and health of workers – Organisation of working time – Members of the armed forces – Applicability of EU law – Article 4(2) TEU – Directive 2003/88/EC – Scope – Article 1(3) – Directive 89/391/EEC – Article 2(2) – Military activities – Concept … Continue reading Ministrstvo Za Obrambo: ECJ 15 Jul 2021
Europa Community trade mark – ‘ International registration designating the European Community Figurative mark representing half a smiley smile Absolute ground for refusal Lack of distinctive character Article 146(1) and Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 151(1) and Article 7(1)(b) of Regulation (EC) No 207/2009. Citations: T-139/08, [2009] EUECJ T-139/08 Links: Bailii … Continue reading The Smiley Company v OHMI (Representation De La Moitie D’Un Sourire De Smiley) (Intellectual Property): ECFI 29 Sep 2009
Application for judicial review of a decision of the Defendant relating to what the Claimant says was a fresh application for asylum or under Article 3 of the European Convention, within the meaning of paragraph 353 of the Immigration Rules HC 395. Judges: Timothy Corner J QC Citations: [2009] EWHC 1949 (Admin) Links: Bailii Statutes: … Continue reading Mohan, Regina (On the Application of) v Secretary Of State for the Home Department: Admn 28 Jul 2009
ECJ 1. Notice of an ECSC individual decision addressed to an undertaking may be properly and validly given at the latter’s registered office, even if the undertaking has asked the commission to give notice at another address.2. If notice of an ECSC individual decision has been properly and validly given at the registered office of … Continue reading Cockerill-Sambre v Commission: ECJ 26 Nov 1985
1. Article 215 of the Treaty does not prevent the court from being asked to declare the community liable for imminent damage foreseeable with sufficient certainty even if the damage cannot yet be precisely assessed.2. The lawfulness of Regulations nos 855/84 and 2677/84 cannot be called in question with regard to article 39 (1) of … Continue reading Zuckerfabrik Bedburg v Council and Commission: ECJ 14 Jan 1987