Brussels Convention – Interpretation of Article 17 – Validity of an oral jurisdiction agreement confirmed in writing by one party only.‘It must be pointed out that . . article 17 of the Convention does not expressly require that the written confirmation of an oral argument should be given by the party who is to be … Continue reading F Berghoefer GmbH and Co KG v ASA SA: ECJ 11 Jul 1985
The principles of the European Convention for the Protection of Human Rights must be taken into consideration in community law. The principle of effective judicial control laid down in article 6 of Council Directive 76/207, a principle which underlies the constitutional traditions common to the member states and which is laid down in articles 6 … Continue reading Johnston v Chief Constable of the Royal Ulster Constabulary: ECJ 15 May 1986
Citations: C-160/84, [1984] EUECJ C-160/84R Links: Bailii Cited by: See Also – Oryzomyli Kavallas OEE and others v Commission of the European Communities ECJ 24-Oct-1984 . .See Also – Oryzomyli Kavallas OEE and others v Commission of the European Communities ECJ 15-May-1986 Remission of import duties – General equitable provision in Article 13 of Council … Continue reading Oryzomyli Kavallas OEE and others v Commission of the European Communities: ECJ 16 Jul 1984
ECJ When state financial aid strengthens the position of an undertaking compared with other undertakings competing in intra-community trade the latter must be regarded as affected by that aid. In the application of article 92 (3) of the EEC Treaty the commission has a discretion the exercise of which involves economic and social assessments which … Continue reading Philip Morris v Commission: ECJ 17 Sep 1980
ECJ (Judgement) 1. It is clear from article 36 of the EEC treaty, in particular its second sentence, as well as from the context, that whilst the treaty does not affect the existence of rights recognized by the laws of a member state in matters of industrial and commercial property, yet the exercise of those … Continue reading Hoffman-La Roche v Centrafarm: ECJ 23 May 1978
LMA Miss Van Duyn, a Dutch national, wished to enter the UK to take up work with the Church of Scientology. Art 48EC (new Art.39EC) confers rights on the individuals of each Member State to go to another MS (host state) to take up work without being discriminated against as regards employment, remuneration and other … Continue reading Van Duyn v Home Office: ECJ 4 Dec 1974
Europa By its use of the words ‘any dispute between the community and its servants’ article 179 is not restricted exclusively to the institutions of the community and their staff but also includes the bank as a community institution established and with legal personality conferred by the treaty. Under this article the court thus has … Continue reading Mills v EIB (Judgment): ECJ 15 Jun 1976
ECHR Judgment : No Article 10 – Freedom of expression-{general} : Fifth Section Citations: 3687/10, [2018] ECHR 732 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 May 2022; Ref: scu.622639
Europa Officials – disputes with the administration – appeal through official channels made after the expiry of the period for appeal to the court – time-limit for appeal to the court not retained (staff regulations of officials of the EEC, articles 90 and 91) cf. Paragraph 1, summary, joined cases 27 and 30/64, (1965) ECR … Continue reading Johannes Coenraad Moulijn v Commission of the CEE (Judgment): ECJ 22 Jun 1967
ECJ The restrictive nature of article 85(1) is incompatible with any extension of the prohibition for which it provides beyond the three categories of agreement exclusively enumerated therein. The existence of the rights granted by a member state to the holder of a patent is not affected by the prohibitions contained in articles 85(1) and … Continue reading Parke, Davis and Co v Probel, Reese, Beintema-Interpharm and Centrafarm: ECJ 29 Feb 1968
Europa Procedure – time-limit for instituting proceedings – expiry – unforeseeable circumstances (protocol on the statute of the court of justice of the ECSC, third paragraph of article 39)Procedure – application – measures forming a single whole – subject-matter of actionProcedure – objection of illegality – general decision – direct legal relationship – measures forming … Continue reading Societa Industriale Metallurgica di Napoli (SIMET) and Acciaierie e Ferriere di Roma (FERAM) v High Authority of the ECSC: ECJ 2 Mar 1967
ECJ Order – 1. The suspension of the operation of a decision constituting a refusal of authorization is not equivalent to the grant of the authorization refused. That authorization may be granted only by the administration, over which the court has no power of direction. The ‘other . . Interim measures’ referred to in the … Continue reading Geitling Ruhrkohlen-Verkaufsgesellschaft and Others v ECSC High Authority: ECJ 12 May 1959
ECJ 1. The jurisdiction of the court derives from article 42 of the treaty in conjunction with the arbitration clause in the contract of employment and the provisions of the relevant staff regulations. 2. Since there is no provision for time-limits either in respect of applications through official channels or of applications to the court, … Continue reading Mirossevich v ECSC High Authority: ECJ 12 Dec 1956
The applicant had been required to pay andpound;124,900 as security for the respondent’s costs as a condition of his appeal against an award of damages in a defamation case. Held: It followed from established case law that article 6(1) did not guarantee a right of appeal. It was not disputed that the security for costs … Continue reading Tolstoy Miloslavsky v United Kingdom: ECHR 19 Jul 1995
ECJ Judgment – Community trade mark – Opposition proceedings – International registration designating the European Community – Word mark F1H2O – Community, international, Benelux and national word and figurative marks with the element ‘F1’ – Relative grounds for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Unfair advantage taken … Continue reading Formula One Licensing v OHMI – Idea Marketing (F1H2O): ECFI 21 May 2015
The applicant complained of an alleged infringement of his Article 2 rights. His children had been excluded from school because he was not registered as resident in the area. His appeal to the domestic courts was dismissed, although the Government subsequently conceded that the exclusion was unlawful by Russian law. There was no suggestion that … Continue reading Timishev v Russia: ECHR 13 Dec 2005
(Divisional and Court of appeal) The claimants sought judicial review of a condition requiring an employee to have had two years of continuous employment before becoming eligible to make a claim for unfair dismissal. This condition was neutrally expressed and all employees, regardless of age, had to satisfy it in order to qualify to bring … Continue reading Regina v Secretary of State for Employment, Ex Parte Seymour-Smith and Another: QBD 1995
ECJ 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 … Continue reading Rewe Zentralfinanz v Landwirtschaftskammer Westphalen-Lippe: ECJ 11 Oct 1973
The rule in United Kingdom law under which the entitlement to be paid annual leave arose only after an employee had been continuously employed for 13 weeks, did not satisfy European law. Members of the applicant trade union were typically employed on short term repeating contracts and did not receive paid annual holidays. The Directive … Continue reading Regina v Secretary of State for Trade and Industry ex parte Broadcasting, Entertainment, Cinematographic and Theatre Union: ECJ 26 Jun 2001
A law which removed a prisoner’s right to vote whilst in prison was not incompatible with his human rights. The implied right to vote under article 3 was not absolute, and states had a wide margin of appreciation as to how and to what extent the right should be limited, provided that the conditions should … Continue reading Regina (Pearson Martinez and Hirst) v Secretary of State for the Home Department and Others; Hirst v Attorney-General: QBD 17 Apr 2001
A family partnership had carried freehold property at its historic cost value in the books, rather than at a market value. After the death of one partner the share came to be valued. Held: Being a family partnership there was presumption that shares would be bought and sold at market value. The deceased partner could … Continue reading In Re White (Dennis) Deceased; White v Minnis and Another: CA 25 May 2000
Where interim orders had been granted following seizure of goods under TRIPS agreement, the court gave guidance on what characteristics where required for it to be considered provisional measures under TRIPS and so imposed time limits. ECJ Agreement establishing the World Trade Organisation – TRIPS Agreement – Article 177 of the Treaty – Jurisdiction of … Continue reading Hermes International v FHT Marketing: ECJ 9 Sep 1998
A knife fell from the defendant’s jeans during the course of a police search. He claimed to have forgotten about it. Held: It is important to concentrate on the time in respect of which the defendant is charged. Six days earlier he had the knife on him for a good reason, because the justices found … Continue reading Director of Public Prosecutions v Gregson: QBD 23 Sep 1992
ECJ Obligation to provide information was too vague to be a restriction on trade – Article 30 of the Treaty does not preclude a rule established in the courts of a Member State from imposing an obligation to provide information prior to contract, as a result of which a parallel importer is under an obligation … Continue reading CMC Motorradcenter Gmbh v Baskiciullari: ECJ 13 Oct 1993
(Judgment) It was open to member states to refuse to allow claim VAT input reclaims on articles purchased for transport which constituted the very tool of the trade of a taxpayer. Driving instructors may not reclaim VAT on their transport. Citations: Times 02-Jul-1998, C-43/96, [1998] EUECJ C-43/96 Links: Bailii Statutes: Council Directive 77/388/EEC, EC Treaty … Continue reading Commission of the European Communities v French Republic (Supported by United Kingdom Intervener): ECJ 18 Jun 1998
FTTTx VAT – repayment claim for output tax allegedly over-assessed – time limits – VATA s80(1A),(4)and(4ZA) – FA 2008 Schedule 39 para 36 – Finance Act 2008, Schedule 39 (Appointed Day, Transitional Provision and Savings) Order 2009, article 2 – appeal dismissed Citations: [2011] UKFTT 6 (TC) Links: Bailii Jurisdiction: England and Wales VAT Updated: … Continue reading Mobile Motoring Maintenance Ltd v Revenue and Customs: FTTTx 14 Dec 2010
(Commission) Decision on admissibility. Residents of Derry applied alleging inter alia that there had been a breach of the procedural obligation under article 2 to hold a full investigation into the ‘Bloody Sunday’ killings in 1972. They alleged inadequacies in the Widgery Report, an investigation conducted by the RUC and the inquest that had been … Continue reading McDaid v United Kingdom: ECHR 1996
(Commission) The applicant had been expelled from a military academy, and complained of the infringement of his article 2 rights. Held: There was no denial of the right to education because the Turkish education system also included civilian establishments in which he could enrol. Citations: (1993) 74 DR 14 Statutes: European Convention on Human Rights … Continue reading Yasanik v Turkey: ECHR 1993
(Commission) The applicant had been refused a certificate of graduation because the school required a photograph of her without a headscarf and she was unwilling for religious reasons to be photographed without a headscarf. Held: There had been no interference with her article 9 right in that ‘by choosing to pursue her higher education in … Continue reading Karaduman v Turkey: ECHR 1993
Even relatively minor medical treatment, if compulsory, may engage article 8. Citations: 22398/93 Statutes: European Convention on Human Rights 8 Cited by: Cited – B, Regina (on the Application of) v Ashworth Hospital Authority HL 17-Mar-2005 The House was asked whether a patient detained for treatment under the 1983 Act can be treated against his … Continue reading J and others v Switzerland: ECHR 5 Apr 1995
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 39645/15, [2019] ECHR 53 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 May 2022; Ref: scu.633657
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 5444/10, [2019] ECHR 146 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 May 2022; Ref: scu.633739
Applications were made by foreign nationals, residing unlawfully in the UK, for leave to remain as the partners of British citizens with whom they had formed relationships during their unlawful residence, relying primarily on the duty imposed on the Secretary of State by the 1998 Act to act compatibly with the right to respect for … Continue reading Agyarko and Ikuga, Regina (on The Applications of) v Secretary of State for The Home Department: SC 22 Feb 2017
ECHR Judgment : Protection of property : Fourth Section Committee ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 39480/03, [2020] ECHR 652, [2021] ECHR 721 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 May 2022; Ref: scu.655741
The complaint was that the mandatory child support payments meant that the father could not visit his children as often as he was entitled under the court’s order to do. The complaint of a direct breach of article 8 failed because he could not show that the impact upon his family life was sufficiently grave, … Continue reading Logan v United Kingdom: ECHR 6 Sep 1996
A serving prisoner suffered a severe asthmatic attack in his cell and died. An inquest was held at which the family of the deceased were present, but unrepresented for want of legal aid. There was no inquiry into the quality of the medical treatment the deceased had received in prison, but the responsible medical officer … Continue reading Regina (Wright) v Secretary of State for the Home Department: Admn 2001
ECHR Judgment : Article 6+6-3 – Right to a fair trial : Fourth Section Citations: 1452/09, [2019] ECHR 139 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 May 2022; Ref: scu.633756
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Citations: 3912/15, [2019] ECHR 64 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 May 2022; Ref: scu.633667
ECHR Judgment : Article 11 – Freedom of assembly and association : Second Section Citations: 12541/06, [2019] ECHR 39 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 May 2022; Ref: scu.633609
The claimant, an Iraqi/British national complained of his detention in Iraq by the defendant without any due process. Judges: Underhill J Citations: [2009] EWHC 397 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005 The claimant was born an … Continue reading Al-Jedda v Secretary of State for Defence: QBD 5 Mar 2009
Common agricultural policy – Milk quota scheme – Grant of a special reference quantity – Beneficiaries – Producers who take over a holding by similar means to inheritance after the expiry of the non-marketing undertaking entered into by their predecessors – Interpretation of Article 3a of Regulation (EEC) No 857/84, as amended by Regulation (EEC) … Continue reading Bredemeier: ECJ 16 May 2002
State aid – Article 87(1) EC – Aid granted by the French Republic to Stardust Marine – Decision 2000/513/EC – State resources – Imputability to the State – Prudent investor operating in a market economy Citations: [2002] EUECJ C-482/99 Links: Bailii Jurisdiction: European European Updated: 10 May 2022; Ref: scu.173963
The claimant a boy of three in receipt of disability living allowance (‘DLA’) challenged (through his parents) the withdrawal of that benefit whilst he was in hospital for a period of more than 12 weeks. He had since died. Held: The appeal succeeded. The Regulations infringed the claimant’s rights because the evidence was that in … Continue reading Mathieson v Secretary of State for Work and Pensions: SC 8 Jul 2015
Europa 1. Agriculture – common organization of the markets – export refunds -refunds fixed in advance – condition of payment – departure of the goods ‘ unaltered ‘ from the territory of the community – repackaging following customs clearance – forfeiture of the refund – completion of customs formalities after the event – reference date … Continue reading Gebr Metelmann gmbh and co Kg v Hauptzollamt Hamburg-Jonas: ECJ 12 Dec 1985
Europa The term ‘ dismissal ‘ contained in article 5(1) of directive no 76/207 must be given a wide meaning ; an age limit for the compulsory redundancy of workers as part of a mass redundancy falls within the term ‘ dismissal ‘ construed in that manner, even if the redundancy involves the grant of … Continue reading Roberts v Tate and Lyle (Judgment): ECJ 26 Feb 1986
Europa 1. Measures adopted by the institutions – regulations – application by analogy – conditions (commission regulations Nos 2029/82 and 2655/82) 2. Agriculture – common organization of the markets – cereals – import certificates – opportunity offered by regulation no 2655/82 to importers of products falling within subheading 07.06 a of the common customs tariff … Continue reading John Friedrich Krohn (gmbh and co Kg) v Bundesanstalt fur Landwirtschaftliche Marktordnung: ECJ 12 Dec 1985
(Grand Chamber) Complaint as to non-disclosure of prosecution evidence. Held: The holding and use of the information in question had not been ‘in accordance with the law’, as required by article 8(2), because of the absence from the relevant national legislation of adequate protection against arbitrary interference. Judges: Mrs E Palm P Citations: (2000) 30 … Continue reading Amann v Switzerland: ECHR 16 Feb 2000
The applicant alleged that he had been tortured by the police in 1997, the year before the Convention came into force in the Russian Federation. Criminal proceedings were commenced in 1997 but had not concluded. The applicant claimed that the state had failed to conduct an adequate investigation into his treatment. Held: The complaint was … Continue reading Voroshilov v Russia: ECHR 8 Dec 2005
(Judgment) Freedom of movement for workers – Article 39(4) EC – Employment in the public service – Masters and chief mates of merchant navy ships – Conferment of powers of public authority on board – Posts reserved for nationals of the flag State – Posts open to nationals of other Member States on condition of … Continue reading Colegio de Oficiales de la Marina Mercante Espanola: ECJ 30 Sep 2003
ECHR Judgment : Article 13 – Right to an effective remedy : Fourth Section Committee Citations: 61394/14, [2019] ECHR 50 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 May 2022; Ref: scu.633661
The Commission considered whether a prisoner whose rule 39 mail had been opened on 3 occasions in a 15 day period with a further letter having gone missing altogether claimed to be a victim of a violation of article 8. Held: Inadmissible. The complainer was not a victim because he had failed to demonstrate any … Continue reading Ryder v United Kingdom: ECHR 19 Jan 1989
The Commission declared admissible the complaints of a prisoner regarding the censorship of his correspondence with his solicitors. (Settlement: the United Kingdom government agreed to issue instructions that such correspondence would not be opened, save in the presence of the prisoner concerned.) Citations: 10621/83 Jurisdiction: Human Rights Cited by: Cited – Ryder v United Kingdom … Continue reading McCombe v The United Kingdom: ECHR 12 Nov 1985
Europa Agriculture – common agricultural policy – common organization of the markets – fruit and vegetables – entry price – deduction of taxes on imports, including the German turnover equalization tax – fixing – duties of the commission (regulation no 23 of the council of the EEC of 4 April 1962, sixth subparagraph of article … Continue reading W Beus GmbH and Co v Hauptzollamt Munchen (Judgment): ECJ 13 Mar 1968
Reference for a preliminary ruling – Common agricultural policy – Support schemes for farmers – Regulation (EC) No 1782/2003 – Article 6(1) – Regulation (EC) No 73/2009 – Article 23(1) – Regulation (EC) No 796/2004 – Article 66(1) – Regulation (EC) No 1122/2009 – Article 70(8)(a) – Cross-compliance – Reduction in direct payments due to … Continue reading Teglgaard and Flojstrupgard v Fodevareministeriets Klagecenter: ECJ 25 Jul 2018
ECHR Judgment : No Article 2 – Right to life : Fourth Section Committee Citations: 39423/15, [2019] ECHR 92 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 May 2022; Ref: scu.633692
ECHR Judgment : Article 13+6-1 – Right to an effective remedy : First Section Citations: 18526/13, [2019] ECHR 102 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 May 2022; Ref: scu.633639
ECHR Judgment : No Article 1 of Protocol No. 1 – Protection of property : Fifth Section Citations: 39107/18, [2022] ECHR 264 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 May 2022; Ref: scu.674704
ECHR Judgment : No Article 3 – Prohibition of torture : First Section ECHR Judgment : No Article 3 – Prohibition of torture : First Section Citations: 65196/16, [2022] ECHR 239, [2022] ECHR 252 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 May 2022; Ref: scu.674709
ECJ Judgment – Community trade mark – Opposition proceedings – Community trade mark Generia – Earlier Community figurative mark Generalia generacion renovable – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009 – Article 63, paragraph 2 and Article 75 of Regulation No 207/2009 Citations: … Continue reading DTL Corporacion v OHMI – Vallejo Rosell (Generia): ECFI 9 Dec 2014
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Article 2(l) – Article 5(1) – Change in the departure time of a flight – Departure postponed by approximately three hours – … Continue reading EP, GM v Corendon Airlines Turistik Hava Tasimacilik AS: ECJ 21 Dec 2021
The court considered provisions allowing the adoption of a child against the wishes of the parents. The parents complained that the procedure was not in accordance with law because it lacked legal certainty. Held: The claim failed. A measure of vagueness in the law is inevitable if excessive rigidity is to be avoided, and legislation … Continue reading Kuijper v Netherlands: ECHR 3 Mar 2005
‘According to settled case-law, for the purposes of applying Article [82] of the Treaty, the relevant product or service market includes products or services which are substitutable or sufficiently interchangeable with the product or service in question, not only in terms of their objective characteristics, by virtue of which they are particularly suitable for satisfying … Continue reading Tierce Ladbroke SA v Commission: ECFI 1997
UTIAC There is nothing in R (Nagre) v SSHD [2013] EWHC 720 (Admin), Gulshan (Article 8 – new Rules – correct approach) Pakistan [2013] UKUT 640 (IAC) or Shahzad (Art 8: legitimate aim) [2014] UKUT 85 (IAC) that suggests that a threshold test was being suggested as opposed to making it clear that there was … Continue reading Oludoyi and Others, Regina v Home Secretary (Article 8 – MM (Lebanon) and Nagre) (IJR): UTIAC 29 Oct 2014
ECHR Judgment : No Article 10 – Freedom of expression-{general} : Second Section Citations: 53915/11, [2022] ECHR 130 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 May 2022; Ref: scu.671941
(Judgment) EAGGF – Clearance of accounts – Financial years 1997 and 1998 – Aid for afforestation of agricultural land – Article 2(1)(c) and (2)(b) of Regulation (EEC) No 2080/92 – Concept of a private-law legal person – Principle of the protection of legitimate expectations – Duty to cooperate in good faith Citations: [2003] EUECJ C-339/00, … Continue reading Ireland v Commission C-339/00: ECJ 16 Oct 2003
(Commission) The Commission considered the right of a prisoner in prison to get married. Held: A rule against such marriages was incompatible with article 12. The Commission explained the power of national laws in relation to article 12: ‘Such laws may thus lay down formal rules concerning matters such as notice, publicity and the formalities … Continue reading Hamer v United Kingdom: ECHR 1979
Former KGB officers had been banned from employment in a range of public and private sector jobs, including as lawyers, notaries, bank employees and in the teaching profession. They complained of infringement of Article 8 taken alone and also in conjunction with Article 14. The Government submitted that Article 8 was not applicable as it … Continue reading Sidabras and Dziautas v Lithuania: ECHR 27 Jul 2004
(Commission) A primary school teacher had been prohibited from wearing an Islamic headscarf at her school. Held: The complaint was inadmissible. The court acknowledged the margin of appreciation afforded to the national authorities when determining whether this measure was ‘necessary in a democratic society’, and explained its role: ‘The Court’s task is to determine whether … Continue reading Dahlab v Switzerland: ECHR 15 Feb 2001
The Liechtenstein constitutional court had held that the unequal pension treatment afforded to married and unmarried couples was unconstitutional. The constitutional court did not set aside the existing legislation, given the practical difficulties involved and given also that a comprehensive legal reform guaranteeing gender equality in social security law was in course of preparation. New … Continue reading Walden v Liechtenstein: ECHR 16 Mar 2000
(Judgment) Reference for a preliminary ruling – Award of public contracts – Directive 2014/24/EU – Applicability to a purely internal situation – Article 58(1) and (4) – Selection criteria – Technical and professional capacity of tenderers – Protection of the financial interests of the Union Union – Regulation (EC, Euratom) No 2988/95 – Article 8(3) … Continue reading Smetna Palata Na Republika Bulgaria: ECJ 31 Mar 2022
(Judgment) Freedom of movement for workers – Article 39(4) EC – Employment in the public service – Masters of fishing vessels – Conferment of powers of public authority on board – Posts reserved for nationals of the flag State Citations: C-47/02, [2003] EUECJ C-47/02, [2003] ECR I-10447, [2003] ECR I-10447 Links: Bailii Jurisdiction: European Employment … Continue reading Anker and others v Bundesrepublik Deutschland: ECJ 30 Sep 2003
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 39701/12, [2022] ECHR 179 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 April 2022; Ref: scu.672189
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 39108/18, [2022] ECHR 152 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 April 2022; Ref: scu.671949
The applicant’s tenancy came to an end on expiry of a notice to quit given by his wife, formerly a joint tenant with him, and possession was ordered. The Commission held that his complaint under article 8 was manifestly ill-founded because the alleged interference with the applicant’s rights under the article was justified under paragraph … Continue reading Ure v United Kingdom: ECHR 27 Nov 1996
The applicants had been evicted, following the service of a notice to quit, from a caravan site where they had lived for many years. The respondent admitted that the eviction constituted an interference with the applicants’ right to respect for their home, even though they had by that stage no rights in relation to it. … Continue reading P v United Kingdom: ECHR 12 Dec 1990
Article 8 does not impose any positive obligation to provide financial assistance to support a person’s family life. Citations: 12639/87 Cited by: Cited – Carson and Reynolds v Secretary of State for Work and Pensions CA 17-Jun-2003 The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign … Continue reading Vaughan v United Kingdom: ECHR 1987
The company had leased a public house to the respondent. The lease was subject to a tie, under which the respondent had to purchase supplies from the company. The company came to sue for the price of beer supplied. The respondent asserted that the tie agreement was unlawful, because the company sold beer to non-tied … Continue reading Courage Ltd and Crehan v Crehan and Courage Ltd and Others: ECJ 20 Sep 2001
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
ECHR Judgment : Article 3 – Prohibition of torture : Second Section Committee Citations: 33968/16, [2022] ECHR 102 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 April 2022; Ref: scu.671783
Claim for judicial review began as a challenge to the lawfulness of directions to remove the claimant from the United Kingdom. It now stands as a challenge to the defendant’s decision to certify the claimant’s human rights claim (article 8 of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms) as … Continue reading Yarbo, Regina (on The Application of) v Secretary of State for The Home Department: Admn 9 Jul 2014
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 31539/16, [2022] ECHR 143 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 April 2022; Ref: scu.671951
The reduction by Regulation No 816/92 of the reference quantities exempt from the additional levy on milk for 1992/93, without compensation, did not breach the right to property, the principle of protection of legitimate expectations or the principle of equality. First, that measure was justified by the concern to continue with the rationalisation of the … Continue reading Hauer v Council and Commission: ECFI 14 Jul 1998
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Violation of Art. 13; Non-pecuniary damage – finding of violation sufficientFour Rule 39 letters had been opened over a 5 month period. Held: The prisoner could not claim to be a victim of a violation of article 8. Citations: 48521/99 Statutes: European Convention on Human … Continue reading Armstrong v The United Kingdom: ECHR 16 Jul 2002
(Grand Chamber) The applicant had lived with his family in a slum bordering on a municipal household refuse tip. A methane explosion at the tip resulted in a landslide which engulfed the applicant’s house killing his close relatives. Held: The court discussed the duty of investigation falling on a public authority after a death, and … Continue reading Oneryildiz v Turkey: ECHR 30 Nov 2004
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 30796/10, [2022] ECHR 148 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 April 2022; Ref: scu.671939
Supervision of Credit Institutions – Judgment – Reference for a preliminary ruling – Approximation of laws – Directive 2013/36/EU – Articles 64, 65 and 67 – Regulation (EU) No 575/2013 – Article 395(1) and (5) – Supervision of credit institutions – Supervisory powers and powers to impose penalties – Large exposure limits – Legislation of … Continue reading VTB Bank (Austria) v Finanzmarktaufsichtsbehorde: ECJ 7 Aug 2018
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 6639/21, [2022] ECHR 141 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 April 2022; Ref: scu.671959
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 39041/15, [2018] ECHR 603 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620562
ECHR Judgment : No Article 6 – Right to a fair trial : Second Section Citations: 14139/09, [2018] ECHR 625 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620556
ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Committee Citations: 64855/11, [2018] ECHR 600 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620539
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 39701/11, [2018] ECHR 629 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620534
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 39234/08, [2018] ECHR 654 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620525
Approximation of Laws – Textile Fibre Names and Related Labelling and Marking Requirements – Judgment – Reference for a preliminary ruling – Textile fibre names and related labelling and marking requirements – Regulation (EU) No 1007/2011 – Articles 7 and 9 – Pure textile products – Multi-fibre textile products – Labelling or marking methods Citations: … Continue reading Verein Fur Lauteren Wettbewerb eV v Princesport GmbH: ECJ 5 Jul 2018
Judgment – Civil service – Contract staff – Expatriation allowance – Article 4 (1) (b) of Annex VII to the Staff Regulations – Ten-year period of reference – Nationality of the country of employment – Residence in the State of assignment – Functions in an international organization – Temporary employment contract Citations: ECLI:EU:T:2018:480, T-273/17, [2018] … Continue reading Quadri Di Cardano v Commission: ECFI 13 Jul 2018
Area of Freedom, Security and Justice – Special Procedure for Recognition of A Conviction In Another Member State – Judgment – Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2008/675/JHA – Taking account in new criminal proceedings of a previous conviction in another Member State – Special procedure for … Continue reading Lada C-390/16: ECJ 5 Jul 2018
ECHR Judgment : Article 13+8 – Right to an effective remedy : Third Section Citations: 39747/10, [2018] ECHR 568 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.619988
ECHR Judgment : Article 5 – Right to liberty and security : First Section Committee Citations: 43924/12, [2018] ECHR 572 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.619991
ECHR Judgment : No Article 6 – Right to a fair trial : Fourth Section Citations: 47911/15, [2018] ECHR 539 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 April 2022; Ref: scu.618906
ECHR Judgment : No Article 6+6-3-d – Right to a fair trial : Fourth Section Citations: 56396/12, [2018] ECHR 543 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 April 2022; Ref: scu.618902
Europa Failure of a Member State to fulfil obligations – Environment – Waste management – Directive 75/442/EEC, as amended by Directive 91/156/EC – Articles 4, 5, 8, 9, 10, 12, 13 and 14 Citations: C-494/01, [2005] EUECJ C-494/01 Links: Bailii Jurisdiction: European European, Environment, Consumer Updated: 24 April 2022; Ref: scu.224395