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Holcim (Deutschland) v Commission (Competition): ECFI 21 Apr 2005

Europa Article 85 of the EC Treaty (now Article 81 EC) – Compliance with a judgment of the Court of First Instance – Reimbursement of bank guarantee charges – Non-contractual liability of the Community Citations: T-28/03, [2005] EUECJ T-28/03 Links: Bailii Jurisdiction: European Commercial Updated: 24 April 2022; Ref: scu.224398

Skatteverket v AB SKF (Taxation): ECJ 29 Oct 2009

Sixth VAT Directive Articles 2, 4, 13B(d)(5) and 17 Directive 2006/112/EC Articles 2, 9, 135(1)(f) and 168 Disposal by a parent company of a subsidiary and of its holding in a controlled company Scope of VAT Exemption Supplies of services acquired as part of share disposal transactions Deductibility of VAT Judges: P Lindh, P Citations: … Continue reading Skatteverket v AB SKF (Taxation): ECJ 29 Oct 2009

Teglgaard and Flojstrupgard v Fodevareministeriets Klagecenter: ECJ 17 May 2018

Agriculture and Fisheries – Support Schemes for Farmers – Opinion Citations: C-239/17, [2018] EUECJ C-239/17 – O Links: Bailii Jurisdiction: European Cited by: Opinion – Teglgaard and Flojstrupgard v Fodevareministeriets Klagecenter ECJ 25-Jul-2018 Reference for a preliminary ruling – Common agricultural policy – Support schemes for farmers – Regulation (EC) No 1782/2003 – Article 6(1) … Continue reading Teglgaard and Flojstrupgard v Fodevareministeriets Klagecenter: ECJ 17 May 2018

Ernst and Young v Konkurrencerade: ECJ 31 May 2018

(Judgment) Reference for a preliminary ruling – Control of concentrations of undertakings – Regulation (EC) No 139/2004 – Article 7 (1) – Preparation of a concentration prior to notification to the European Commission and declaration of compatibility with the common market – Prohibition – Scope – Concept of ‘concentration’ – Termination of a cooperation agreement … Continue reading Ernst and Young v Konkurrencerade: ECJ 31 May 2018

Goed Wonen (Taxation): ECJ 26 Apr 2005

Europa Turnover tax – Common system of value added tax – Article 17 of Sixth Directive 77/388/EEC – Deduction of input tax – Amendment of national legislation – Retroactive effect – Principles of the protection of legitimate expectations and legal certainty Citations: C-376/02, [2005] EUECJ C-376/02 Links: Bailii Jurisdiction: European VAT Updated: 22 April 2022; … Continue reading Goed Wonen (Taxation): ECJ 26 Apr 2005

Perceval-Price, and others v Department of Economic Development etc: CANI 12 Apr 2000

A full-time a full-time chairman of industrial tribunals, a full time chairman of social security appeal tribunals, and a social security commissioner are workers within the meaning of the European legislation, even though, by domestic legislation they were statutory officers, and so excluded from protection. The word ‘worker’ has a special community meaning, and it … Continue reading Perceval-Price, and others v Department of Economic Development etc: CANI 12 Apr 2000

Berliner Verkehrsbetriebe (Area Of Freedom, Security And Justice): ECJ 12 May 2011

ECJ Jurisdiction in civil matters – Articles 22(2) and 27 of Regulation (EC) No 44/2001 – Exclusive jurisdiction of the courts of the State in which a company has its seat to adjudicate upon disputes relating to the validity of decisions of the company’s organs – Scope – Action brought by a legal person governed … Continue reading Berliner Verkehrsbetriebe (Area Of Freedom, Security And Justice): ECJ 12 May 2011

Besirovic And Others v Hungary: ECHR 10 Feb 2022

ECHR Judgment : Article 5 – Right to liberty and security : First Section Committee Citations: 32917/20, [2022] ECHR 139 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 April 2022; Ref: scu.671937

Prunus (Free Movement Of Capital): ECJ 5 May 2011

Direct taxation – Free movement of capital – Article 64 TFEU – Legal persons established in a non-Member State – Ownership of immovable property located in a Member State – Tax on the market value of that property – Refusal of exemption – Assessment with regard to overseas countries and territories – Combating tax evasion … Continue reading Prunus (Free Movement Of Capital): ECJ 5 May 2011

HL v United Kingdom: ECHR 2004

Lack of Patient Safeguards was Infringement The claimant had been detained at a mental hospital as in ‘informal patient’. He was an autistic adult. He had been recommended for release by the Mental Health Review Tribunal, and it was decided that he should be released. He was detained further pending suitable arrangements being made for … Continue reading HL v United Kingdom: ECHR 2004

Berliner Verkehrsbetriebe (BVG) Anstalt Des Offentlichen Rechts v JP Morgan Chase Bank N.A. and Another: CA 28 Apr 2010

The court considered whether it had jurisdiction in a dispute regarding a default credit swap agreement. Judges: Pill, Etherton, Aikens LJJ Citations: [2010] EWCA Civ 390, [2010] CP Rep 32, [2010] 1 CLC 628, [2010] ILPr 28 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – JP Morgan Chase Bank NA and Another v … Continue reading Berliner Verkehrsbetriebe (BVG) Anstalt Des Offentlichen Rechts v JP Morgan Chase Bank N.A. and Another: CA 28 Apr 2010

Vereniging Noordelijke Land- En Tuinbouw Organisatie: ECJ 22 Dec 2008

Europa (Taxation) Articles 6 (2), first subparagraph, and 17 of the Sixth VAT Directive Goods and services used partly for the needs of the undertaking and partly for non-economic activities Concept of’ non-company purposes’ The professional estate of the taxable person Possibility of immediate and full deduction of the VAT on the purchase of goods … Continue reading Vereniging Noordelijke Land- En Tuinbouw Organisatie: ECJ 22 Dec 2008

Hassett v South Eastern Health Board, Doherty v North Western Health Board, (Judgments Convention / Enforcement of Judgments): ECJ 2 Oct 2008

Europa Jurisdiction Regulation (EC) No 44/2001 Point 2 of Article 22 Disputes as to the validity of decisions of organs of companies Exclusive jurisdiction of the courts of the State where the company has its seat Medical practitioners’ mutual defence organisation.In proceedings in Ireland relating to a medical negligence claim against the Health Board, two … Continue reading Hassett v South Eastern Health Board, Doherty v North Western Health Board, (Judgments Convention / Enforcement of Judgments): ECJ 2 Oct 2008

Vandorou (C-422/09), Giankoulis (C-425/09), Askoxilakis (C-426/09) v Ipourgos Ethnikis Pedias kai Thriskevmaton (Free Movement Of Persons): ECJ 2 Dec 2010

ECJ Articles 39 EC and 43 EC – Directive 89/48/EC – Recognition of diplomas – ‘Professional experience’. Citations: C-422/09, [2010] EUECJ C-422/09 Links: Bailii Statutes: Directive 89/48/EC Jurisdiction: European European Updated: 17 April 2022; Ref: scu.426882

Secretary of State for The Home Department v FV (Italy): CA 14 Sep 2012

A right of permanent residence (‘RPR’) is a prerequisite for enhanced protection against expulsion pursuant to article 28(3)(a) of the Directive Judges: Pill, Aikens, Rafferty LJJ Citations: [2012] EWCA Civ 1199, [2012] 3 CMLR 56, [2013] 1 All ER 1180, [2013] 1 WLR 3339, [2013] Imm AR 114, [2013] INLR 293 Links: Bailii Jurisdiction: England … Continue reading Secretary of State for The Home Department v FV (Italy): CA 14 Sep 2012

Nazli and Others v Stadt Nurnberg: ECJ 10 Feb 2000

Europa EEC-Turkey Association Agreement – Freedom of movement for workers – Articles 6(1) and 14(1) of Decision No 1/80 of the Association Council – Registration as duly belonging to the labour force of a Member State – Turkish worker detained pending trial and subsequently sentenced to a suspended term of imprisonment – Expulsion on general … Continue reading Nazli and Others v Stadt Nurnberg: ECJ 10 Feb 2000

Khudoroshko v Russia: ECHR 18 Jan 2022

ECHR Judgment : Article 2 – Right to life : Third Section Citations: 3959/14, [2022] ECHR 63 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 April 2022; Ref: scu.671756

Tegulum SA v The Republic Of Moldova: ECHR 1 Feb 2022

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section Committee Citations: 53982/11, [2022] ECHR 105 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 April 2022; Ref: scu.671785

B v Land Baden-Wurttemberg: ECJ 17 Apr 2018

ECJ Citizenship of The European Union – Right To Move and Reside Freely – Enhanced Protection v Expulsion – Judgment – References for a preliminary ruling – Citizenship of the European Union – Right to move and reside freely within the territory of the Member States – Directive 2004/38/EC – Article 28(3)(a) – Enhanced protection … Continue reading B v Land Baden-Wurttemberg: ECJ 17 Apr 2018

London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government and Others: SC 3 Jul 2019

The second respondent sought a certificate from the Council determining that the lawful use of its store extended to sales of unlimited categories of goods including food. A certificate to that effect was refused by the Council, but granted by a planning inspector on appeal, and upheld by the lower courts. The Council, as local … Continue reading London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government and Others: SC 3 Jul 2019

Attorney General of Belize and others v Belize Telecom Ltd and Another: PC 18 Mar 2009

(Belize) A company had been formed to manage telecommunications in Belize. The parties disputed the interpretation of its articles. Shares had been sold, but the company was structured so as to leave a degree of control with the government. It was argued that a term was to be implied requiring resignation of a director when … Continue reading Attorney General of Belize and others v Belize Telecom Ltd and Another: PC 18 Mar 2009

Long, Regina (on The Application of) v Secretary of State for Defence: Admn 15 Jul 2014

The claimant’s son had been one of six soldiers of the Royal Military police to have been murdered by an armed mob attacking a police station in Iraq in 2003. The said that their deaths had not been properly or sufficiently investigated. The corone had requested the police to investigate whether there had been any … Continue reading Long, Regina (on The Application of) v Secretary of State for Defence: Admn 15 Jul 2014

Stec and Others v United Kingdom: ECHR 12 Apr 2006

(Grand Chamber) The claimants said that differences between the sexes in the payment of reduced earning allowances and retirement allowances were sex discrimination. Held: The differences were not infringing sex discrimination. The differences arose from the differences in pensionable ages for men and women introduced in 1940 in order to help remedy severe social inequalities … Continue reading Stec and Others v United Kingdom: ECHR 12 Apr 2006

Angirov And Others v Russia: ECHR 17 Apr 2018

ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Committee ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Committee Citations: 30395/06, [2018] ECHR 348, [2018] ECHR 804 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 April 2022; Ref: scu.609116

Polski Koncern Naftowy Orlen v EUIPO (Forme De Station-Service): ECFI 16 Apr 2018

Trade mark of the European Union – Application for three-dimensional European Union trade marks – Form of service station – Absolute ground for refusal – Distinctiveness – Article 65 (4) of Regulation (EC) No 207/2009 72 (4) of Regulation (EU) 2017/1001) – Acts fully upholding the applicant’s claims – Referral decision of the Board of … Continue reading Polski Koncern Naftowy Orlen v EUIPO (Forme De Station-Service): ECFI 16 Apr 2018

Holyghost v EUIPO – CBM (Holyghost): ECFI 20 Apr 2018

Judgment – Trade mark of the European Union – Opposition proceedings – Trademark application of the European Union verbal holyGhost – Earlier European Union word mark HOLY – Relative ground for refusal – Likelihood of confusion – Article 8 (1) under (b) of Regulation (EC) No 207/2009 (now Article 8 (1) (b) of Regulation (EU) … Continue reading Holyghost v EUIPO – CBM (Holyghost): ECFI 20 Apr 2018

Stinnes AG v Hauptzollamt Kassel: ECJ 12 Dec 1985

Europa European Communities ‘ own resources – post-clearance recovery of import or export duties – article 8 of regulation no 1697/79 – a given action for recovery – meaning – combining of several separate actions for recovery -permissibility – conditions (Council Regulation no 1697/79, art. 8). The term ‘a given action for recovery’ in article … Continue reading Stinnes AG v Hauptzollamt Kassel: ECJ 12 Dec 1985

AS-Autoteile Service GmbH v Pierre Malhe (Judgment): ECJ 4 Jul 1985

The particular areas which fall under Article 16, certain disputes regarding tenancies, companies, registers, industrial property and the enforcement of judgments, are matters which, because of their particular difficulty or complexity, require that the court having jurisdiction should be particularly familiar with the relevant national law. Judges: Lenz AG Citations: Case 220/84, [1985] ECR 2267 … Continue reading AS-Autoteile Service GmbH v Pierre Malhe (Judgment): ECJ 4 Jul 1985

Texas Instruments v Hauptzollamt Munchen-Mitte (Judgment): ECJ 14 Nov 1985

Common customs tariff – alteration or suspension of import duties – powers of the council – limits (eec treaty, art. 28; council regulation no 2841/79) although article 28 of the EEC treaty, which concerns autonomous alterations or suspensions of common customs tariff duties, leaves the council considerable discretion, it is for the court to ascertain … Continue reading Texas Instruments v Hauptzollamt Munchen-Mitte (Judgment): ECJ 14 Nov 1985

Firma Stadtereinigung K. Nehlsen KG v Freie Hansestadt Bremen: ECJ 6 Dec 1979

Transport – common policy – social provisions – regulation no 543/69 of the council – material scope – vehicles of public authorities – exclusion – vehicles of a private undertaking used to perform a public service – inclusion (regulation no 543/69 of the council, art. 4 (4), as amended by regulation no 2827/77) Pursuant to … Continue reading Firma Stadtereinigung K. Nehlsen KG v Freie Hansestadt Bremen: ECJ 6 Dec 1979

Directeur regional de la Securite sociale de Nancy v Paulin Gillard et Caisse regionale d’assurance maladie du Nord-Est, Nancy: ECJ 6 Jul 1978

Europa The fact that a provision creating benefits for victims of war or its consequences is inserted in national social security legislation is not by itself decisive in determining that the benefit referred to in the above-mentioned provision is a social security benefit within the meaning of regulation no 1408/71, as the distinction between benefits … Continue reading Directeur regional de la Securite sociale de Nancy v Paulin Gillard et Caisse regionale d’assurance maladie du Nord-Est, Nancy: ECJ 6 Jul 1978

Commission of the European Communities v Italian Republic (Judgment): ECJ 19 Nov 1969

1. Internal taxation – non-discrimination – potable spirits (EEC treaty, article 95) 2. Agriculture – potable spirits – not an agricultural product (regulation no 7) 3. Agriculture – establishment of the common market – exceptions – strict interpretation. 1. The taxation of potable spirits imported from one member state on the basis of a notional … Continue reading Commission of the European Communities v Italian Republic (Judgment): ECJ 19 Nov 1969

Harris v Director of Public Prosecutions; Fehmi v Director of Public Prosecutions: QBD 9 Sep 1992

A lockable folding knife was a fixed blade knife where a process was required in order to refold it. To be ‘a folding pocket-knife’ the blade has to be readily and immediately foldable at all times simply by the folding process. It held that a knife which on opening automatically locks and cannot be folded … Continue reading Harris v Director of Public Prosecutions; Fehmi v Director of Public Prosecutions: QBD 9 Sep 1992

Anisimoviena and Others: ECJ 22 Mar 2018

Deposit-Guarantee and Investor-Compensation Schemes – Judgment – References for a preliminary ruling – Deposit-guarantee and investor-compensation schemes – Directive 94/19/EC – Article 1(1) – Deposits – Temporary situations deriving from normal banking transactions – Directive 97/9/EC – Second subparagraph of Article 2(2) – Money owed to or belonging to an investor and held on his … Continue reading Anisimoviena and Others: ECJ 22 Mar 2018

Vatsouras v Arbeitsgemeinschaft (ARGE) Nurnberg 900; Koupatantze v Arbeitsgemeinschaft (ARGE) Nurnberg 90 C-23/08: ECJ 4 Jun 2009

ECJ European citizenship Free movement of persons Articles 12 EC and 39 EC Directive 2004/38/EC Article 24(2) – Assessment of validity Nationals of a Member State Professional activity in another Member State Level of remuneration and duration of the activity – Retention of the status of ‘worker’ – Right to receive benefits in favour of … Continue reading Vatsouras v Arbeitsgemeinschaft (ARGE) Nurnberg 900; Koupatantze v Arbeitsgemeinschaft (ARGE) Nurnberg 90 C-23/08: ECJ 4 Jun 2009

Vatsouras v Arbeitsgemeinschaft (ARGE) Nurnberg 900; Koupatantze v Arbeitsgemeinschaft (ARGE) Nurnberg 90 – C-22/08: ECJ 4 Jun 2009

ECJ European citizenship Free movement of persons Articles 12 EC and 39 EC Directive 2004/38/EC Article 24(2) Assessment of validity Nationals of a Member State Professional activity in another Member State Level of remuneration and duration of the activity Retention of the status of ‘worker’ Right to receive benefits in favour of job-seekers Citations: ECLI:EU:C:2009:344, … Continue reading Vatsouras v Arbeitsgemeinschaft (ARGE) Nurnberg 900; Koupatantze v Arbeitsgemeinschaft (ARGE) Nurnberg 90 – C-22/08: ECJ 4 Jun 2009

Editions Jacob v Commission T-471/11: ECJ 5 Sep 2014

ECJ Competition – Concentrations – Book publishing market – Decision declaring the concentration compatible with the common market subject to retrocession of assets – Decision approving the acquirer of the assets transferred – Decision taken following the annulment by the General Court of the original decision concerning the same procedure – Interest in bringing proceedings … Continue reading Editions Jacob v Commission T-471/11: ECJ 5 Sep 2014

Mitev v Bulgaria: ECHR 5 Oct 2017

ECHR Judgment : Violation of Article 3 – Prohibition of torture Article 3 – Effective investigation Procedural aspect Violation of Articl… Citations: 34197/15, [2017] ECHR 839 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607979

Kormev v Bulgaria: ECHR 5 Oct 2017

ECHR Judgment : Violation of Article 3 – Prohibition of torture Article 3 – Degrading treatment Inhuman treatment Substantive aspect Viol… Citations: 39014/12, [2017] ECHR 843 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607963

Ritz v Austria: ECHR 7 Sep 2017

ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Criminal proceedings Article 6-1 – Reasonable time Citations: 53911/11, [2017] ECHR 760 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607880

Bozza v Italy: ECHR 14 Sep 2017

ECHR Judgment : Preliminary objection dismissed Article 34 – Victim Preliminary objection joined to merits and dismissed Article 35-1 – Si… Citations: 17739/09, [2017] ECHR 779 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607853

Yakovenko v Russia: ECHR 25 Jul 2017

ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention Violation of Article 5 – Ri… Citations: 48528/09, [2017] ECHR 724 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607839

Tg v Croatia: ECHR 11 Jul 2017

ECHR Judgment : Remainder inadmissible Article 35-3-a – Manifestly ill-founded Violation of Article 6 – Right to a fair trial Article 6 – … Citations: 39701/14, [2017] ECHR 653 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607833

Petrov v Russia: ECHR 6 Jul 2017

ECHR Judgment : Violation of Article 13+3 – Right to an effective remedy Article 13 – Effective remedy Article 3 – Degrading treatment Pro… Citations: 52873/11, [2017] ECHR 639 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607809

Mcilwrath v Russia: ECHR 18 Jul 2017

ECHR Judgment : Violation of Article 8 – Right to respect for private and family life Article 8 – Positive obligations Article 8-1 – Respect… Citations: 60393/13, [2017] ECHR 679 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607790

Babynin v Russia: ECHR 25 Jul 2017

ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Access to court Violation … Citations: 12239/03, [2017] ECHR 720 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607741

Ruminski v Sweden: ECHR 2 May 2017

ECHR Judgment : No violation of Article 6 – Right to a fair trial Article 6 – Administrative proceedings Article 6-1 – Fair hearing Citations: 17906/15, [2017] ECHR 399 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607582

Kavaklioglu And Others v Turkey: ECHR 30 May 2017

ECHR Judgment : Non-pecuniary damage – award Article 41 – Non-pecuniary damage Just satisfaction ECHR Judgment : Violation of Right to life Substantive aspect Citations: 15397/02, [2017] ECHR 485, [2017] ECHR 915 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607549