ECHR Judgment : Article 3+8 – Prohibition of torture : First Section Citations: 54227/14, [2018] ECHR 119 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607390
ECHR Judgment : Article 6+6-3-c – Right to a fair trial : Fifth Section Committee Citations: 39555/07, [2018] ECHR 115 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607369
ECHR Judgment : Violation of Article 3 – Prohibition of torture Citations: 32392/07, [2018] ECHR 126 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607348
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 50760/09, [2018] ECHR 175 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607339
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 56110/09, [2018] ECHR 139 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607343
ECHR Judgment : Article 6 – Right to a fair trial : Second Section Citations: 60392/08, [2018] ECHR 76 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607295
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Citations: 39942/13, [2018] ECHR 89 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607229
ECHR Judgment : Article 14+P1-2 – Prohibition of discrimination : Second Section Citations: 23065/12, [2018] ECHR 105 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607239
Free Movement of Goods – Judgment – Reference for a preliminary ruling – Charges having an effect equivalent to customs duties – Article 30 TFEU – Internal taxation – Article 110 TFEU – Charge applied to exported petroleum products – Charge not passed on to the consumer – Tax burden for the taxpayer – Reimbursement … Continue reading Petrotel-Lukoil and Georgescu v Ministerul Economiei: ECJ 1 Mar 2018
ECJ Jurisdiction In Civil and Commercial Matters – Judgment – Reference for a preliminary ruling – Area of Freedom, Security and Justice – Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Article 5(1) – Regulation (EU) No 1215/2012 – Article 7(1) – Concept of ‘matters relating to a contract’ – Contract … Continue reading Flightright GmbH v Air Nostrum,Lineas Aereas del Mediterraneo SA: ECJ 7 Mar 2018
(Intellectual and Industrial Property – Judgment) Reference for a preliminary ruling – Intellectual and industrial property – Regulation (EC) No 6/2002 – Community design – Article 8(1) – Features of appearance of a product solely dictated by its technical function – Criteria for assessment – Existence of alternative designs – Consideration of the point of … Continue reading Doceram GmbH v CeramTec GmbH: ECJ 8 Mar 2018
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 39814/20, [2022] ECHR 31 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 April 2022; Ref: scu.671113
Reference for a preliminary ruling – Judicial cooperation in civil matters – Insolvency proceedings – Regulation (UE) 2015/848 – Article 3 – International jurisdiction – Centre of a debtor’s main interests – Individual not exercising an independent business or professional activity – Rebuttable presumption that the centre of that person’s main interests is his or … Continue reading Novo Banco (Judicial Cooperation In Civil Matters – Insolvency Proceedings – Judgment): ECJ 16 Jul 2020
ECJ (Judgment) A West Tankers ship damaged a jetty in Syracuse. An agreement provided for an arbitration in London. The insurers having paid out brought a subrogated action in Italy. West Tankers sought an order in England to restrain the Italian proceedings because of the arbitration agreement. Held: It was not open to the courts … Continue reading Allianz Spa (Anciennement Riunione Adriatica Di Sicurta) v West Tankers Inc (‘the Front Comor’): ECJ 10 Feb 2009
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Committee Citations: 61539/19, [2022] ECHR 15 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 April 2022; Ref: scu.671105
Agriculture and Fisheries – Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Protection of protected designations of origin (PDOs) – Regulation (EC) No 1234/2007 – Article 118m(2)(a)(ii), (b) and (c) – Regulation (EU) No 1308/2013 – Article 103(2)(a)(ii), (b) and (c) – Scope – Exploitation of the reputation … Continue reading Comite Interprofessionnel Du Vin De Champagne v Aldi: ECJ 20 Dec 2017
General and Final Provisions Intellectual, Industrial and Commercial Property Approximation of Laws – References for a preliminary ruling – Regulation (EC) No 6/2002 – Community designs – Article 110(1) – No protection -‘Repair’ clause – Concept of ‘component part of a complex product’ – Repair of the complex product so as to restore its original … Continue reading Acacia Srl v Pneusgarda Srl, in insolvency, Audi AG: ECJ 20 Dec 2017
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 28711/19, [2022] ECHR 39 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 02 April 2022; Ref: scu.671110
The court was asked as to the issue of provision of assistance to a person with a serious wasting disease who wishes to commit suicide, so as to be able to exercise control over the time of his death as the disease reaches its final stages. Citations: [2017] EWHC 2447 (Admin), [2017] WLR(D) 634 Links: … Continue reading Conway, Regina (on The Application of) v The Secretary of State for Justice: Admn 5 Oct 2017
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 48039/12, [2022] ECHR 37 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 March 2022; Ref: scu.671092
(Judgment) Reference for a preliminary ruling – Intellectual property – Regulation (EC) No 6/2002 – Article 20 (1) (c), Article 79 (1) and Articles 82, 83, 88 and 89 – Action for infringement – rights conferred by the Community design – Concept of ‘illustration’ – Regulation (EC) No 44/2001 – Article 6 (1) – Jurisdiction … Continue reading Nintendo v BigBen Interactive GmbH and Another: ECJ 27 Sep 2017
Information Rights – Data Protection. The applicant appealed from refusal of his application for anonymity in his substantial appeal to the tribunal. Held: The anonymity order was properly refused. Citations: [2018] UKUT 441 (AAC) Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – Moss v Information Commissioner CA 15-May-2020 This case concerns the … Continue reading D v The Information Commissioner: UTAA 21 Dec 2018
Competition – Concentrations Between Undertakings : Judgment – Reference for a preliminary ruling – Competition – Concentrations between undertakings – Regulation (EC) No 139/2004 – Article 3(1)(b) and (4) – Scope – Definition of ‘concentration’ – Change in the form of control of an existing undertaking which, previously exclusive, becomes joint – Creation of a … Continue reading Austria Asphalt v Bundeskartellanwalt: ECJ 7 Sep 2017
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 390/21, [2022] ECHR 34 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 March 2022; Ref: scu.671111
ECJ (Judgment) Community trade mark – Opposition proceedings – Application for the Community word mark BIOCERT – Earlier national word mark BIOCEF – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 Judges: G. Berardis, President, O. Czucz (Rapporteur) and A. Popescu, Judges, Citations: T-605/11, [2014] EUECJ T-605/11, … Continue reading Novartis v OHMI – Dr Organic (Biocert): ECFI 10 Dec 2014
ECJ (Judgment) Competition – Agreements – French Market analyzes of Medical Biology – Decision finding an infringement of Article 101 TFEU – Association of undertakings – Professional body – Purpose of inspection and investigation – Conditions for application of Article 101 TFEU – Infringement by object – Minimum price and barriers to the development of … Continue reading ONP And Others v Commission: ECFI 10 Dec 2014
General insurance broker in breach of FSA rules FINANCIAL SERVICES – general insurance broker – whether Applicant in breach of Statements of Principle 1 and 4 – standard of proof – forged documentation – failure to effect insurance – failure to keep clients informed of identity of insurer – failure to deal with the Authority … Continue reading Jeffery v Financial Conduct Authority – FS/2010/0039: UTTC 7 Feb 2013
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day following their arrival. Held: The appeal by the Secretary of State … Continue reading Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005
ECJ References for a preliminary ruling: Tribunale di Milano (C-387/02 and C-403/02) and Corte d’appello di Lecce (C-391/02) – Italy. Company law – Article 5 of the EEC Treaty (subsequently Article 5 of the EC Treaty, in turn Article 10 EC) and Article 54(3)(g) of the EEC Treaty (subsequently Article 54(3)(g) of the EC Treaty, … Continue reading Criminal proceedings against Silvio Berlusconi and Others: ECJ 3 May 2005
Company law – Article 5 of the EEC Treaty (subsequently Article 5 of the EC Treaty, in turn Article 10 EC) and Article 54(3)(g) of the EEC Treaty (subsequently Article 54(3)(g) of the EC Treaty, in turn, after amendment, Article 44(2)(g) EC) – First Directive 68/151/EEC, Fourth Directive 78/660/EEC and Seventh Directive 83/349/EEC – Annual … Continue reading Berlusconi (Law Relating To Undertakings) 2: ECJ 3 May 2005
The Strasbourg court considered a claim by applicants who had been evicted by a court order at the suit of their landlords, who had determined their tenancy for installing a satellite dish in breach of covenant. Held: This infringed the applicant’s article 10 rights, Citations: [2011] ECHR 1277 Links: Bailii Statutes: European Convention on Human … Continue reading Khurshid Mustafa And Tarzibachi v Sweden: ECHR 8 Jun 2011
ECJ (Judgment) EU trade mark – Opposition proceedings – Application for EU figurative mark climaVera – Earlier EU word mark CLIMAVER DECO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 Citations: ECLI:EU:T:2017:391, [2017] EUECJ T-457/15, ECLI:EU:T:2017:391 Links: Bailii Jurisdiction: European Intellectual Property Updated: 28 March 2022; … Continue reading Fakro v EUIPO – Saint Gobain Cristaleria (Climavera): ECFI 15 Jun 2017
Judges: Eady J Citations: [2010] EWHC 3239 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Lait MP v Evening Standard Ltd QBD 25-Mar-2010 The claimant MP alleged defamation. The defendant applied to have certain alleged meanings in the article struck out. The article related to the alleged relation to repayment of expenses … Continue reading Lait v Evening Standard Ltd: QBD 9 Dec 2010
EXCISE DUTY – Assessment to excise duty in respect of irregularity in the movement of duty suspended goods – whether irregularity occurred – if so whether irregularity occurred in the UK – Article 6 and Article 20 Council Directive 92/12/EEC – Regulation 3 Excise Duty Points (Duty Suspended Movements of Excise Goods) Regulations 2001- Article … Continue reading Cantina Levorato Srl v Revenue and Customs (Excise Duty – Assessment To Excise Duty In Respect of Irregularity In The Movement of Duty Suspended Goods): FTTTx 9 Dec 2021
(Judgment) European trade mark – European word mark application Windfinder – Absolute grounds for refusal – Lack of descriptiveness – Distinctive character – Article 7 (1) (b) and (c) of Regulation (EC) No 207/2009 – Neologism – Report insufficiently direct and concrete with some of the goods and services covered by the trade mark application … Continue reading Windfinder Randl v EUIPO (Windfinder): ECFI 20 Jul 2017
ECJ (Judgment) Appeal – Cross-appeal – Civil service – Officials – Pensions – Adjustment of weightings – Interim updating – Act adversely affecting an official – Admissibility of cross-appeal – Article 65 (4) of the Staff Regulations – Update for 2014 – Sensitivity The evolution of the cost of living Citations: ECLI: EU: T: 2017: … Continue reading Barnett and Mogensen v Commission: ECFI 20 Jul 2017
ECJ (Judgment) Customs Union – Association Agreement between the European Community and the Republic of Latvia – Article 239 of Regulation (EEC) No 2913/92 – Refund and remission of import duties – Import of linen fabric from Latvia – Clause Of fairness – Special situation – Maneuver or manifest negligence – Commission decision declaring the … Continue reading Combaro v Commission: ECFI 19 Jul 2017
Judgment : Violation of Article 6 – Right to a fair trial (Article 6 – Criminal proceedings Article 6-1 – Reasonable time) Citations: 58049/11 (Judgment : Violation of Article 6 – Right to a fair trial (Article 6 – Criminal proceedings Article 6-1 – Reasonable time)), [2017] ECHR 346 Links: Bailii Statutes: European Convention on … Continue reading Berger v Austria: ECHR 11 Apr 2017
Citations: 3571/09 (Judgment : Violation of Article 6+6-3-d – Right to a fair trial (Article 6 – Criminal proceedings Article 6-1 – Fair hearing) (Article 6…), [2017] ECHR 382 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 March 2022; Ref: scu.590395
ECJ (Intellectual, Industrial and Commercial Property : Judgment) EU trade mark – Invalidity proceedings – EU word mark ANTICO CASALE – Absolute grounds for refusal – Article 52(1)(a) of Regulation (EC) No 207/2009 – Article 7(1)(b), (c) and (g), and Article 52(1)(a) of Regulation No 207/2009 Citations: ECLI:EU:T:2017:439, [2017] EUECJ T-327/16 Links: Bailii Jurisdiction: European … Continue reading Aldi Einkauf v Euipo – Fratelli Polli (Antico Casale): ECFI 27 Jun 2017
ECJ (Appeal – Community Plant Variety Rights : Judgment) Appeal – Community plant variety rights – Application for a Community plant variety right – Apple variety ‘Gala Schnitzer’ – Technical examination – Test guidelines issued by the Administrative Council of the Community Plant Variety Office (CPVO) – Regulation (EC) No 1239/95 – Article 23(1) – … Continue reading Schniga v Community Plant Variety Office: ECJ 8 Jun 2017
ECJ (Internal Market – Principles Internal Market : Judgment) References for a preliminary ruling – Directive 2004/39/EC – Markets in financial instruments – Article 4(1)(2) – Definition of ‘investment services’ – point 1 of Section A of Annex I – Reception and transmission of orders in relation to one or more financial instruments – Potential … Continue reading Khorassani v Kathrin Pflanz: ECJ 14 Jun 2017
ECJ (Jurisdiction In Civil and Commercial Matters : Judgment) Reference for a preliminary ruling – Jurisdiction in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 7(1) – Concepts of ‘matters relating to a contract’ and of a ‘contract for the provision of services’ – Recourse claim between jointly and severally liable debtors … Continue reading Kareda v Stefan Benko: ECJ 15 Jun 2017
Each applicant had been subject to confiscation in criminal proceedings relating to drugs offences. They complained that the legislation had reversed the burden of proof. Held: ‘it was not incompatible with the notion of a fair hearing in criminal proceedings to place the onus on each applicant to give a credible account of his current … Continue reading Grayson and Barnham v The United Kingdom: ECHR 23 Sep 2008
ECJ Judgment – Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Oral and dental care – National legislation prohibiting advertising in the case of oral and dental services – Existence of a cross-border element – Protection of public health – Proportionality – Directive 2000/31 / EC – Information … Continue reading Vanderborght: ECJ 4 May 2017
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 43887/04, [2021] ECHR 1113 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 March 2022; Ref: scu.671139
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Citations: 45397/13, [2021] ECHR 1093 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 March 2022; Ref: scu.671156
Citations: 9139/08 (Judgment : Violation of Article 5 – Right to liberty and security (Article 5-1 – Deprivation of liberty)), [2017] ECHR 309 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 March 2022; Ref: scu.581408
Citations: 70273/11 (Judgment : No violation of Article 2 – Right to life (Article 2-1 – Effective investigation) (Procedural aspect)), [2017] ECHR 311 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 March 2022; Ref: scu.581394
Citations: 38458/15 (Judgment : Violation of Article 6 – Right to a fair trial (Article 6 – Civil proceedings Article 6-1 – Access to court)), [2017] ECHR 317 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 March 2022; Ref: scu.581399
Citations: 1065/06 (Judgment : Violation of Article 6 – Right to a fair trial (Article 6 – Enforcement proceedings Article 6-1 – Access to court) Violation …), [2017] ECHR 303 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 March 2022; Ref: scu.581395
Judgment – Preliminary reference – Association Agreement between the European Union and Turkey – Decision No 1/80 – Article 13 – Clause standstill – Right of residence of family members of a Turkish worker belonging to the regular market employment of a member State – possible existence of an overriding public interest justifying new restrictions … Continue reading Tekdemir v Kreis Bergstrasse: ECJ 29 Mar 2017
ECJ (Judgment) Mark of the European Union – Revocation proceedings – Brand verbal EU Cryo-Save – Article 51, paragraph 1 a) of Regulation (EC) No 207/2009 – Genuine use of the mark – burden of proof – Statement of forfeiture Citations: ECLI:EU:T:2017:202, [2017] EUECJ T-239/15 Links: Bailii Jurisdiction: European Intellectual Property Updated: 24 March 2022; … Continue reading Cryo-Save v EUIPO – Medskin Solutions Dr Suwelack (Cryo-Save): ECFI 23 Mar 2017
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 39040/16, [2021] ECHR 1102 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 March 2022; Ref: scu.671163
ECJ Failure of a Member State to fulfil obligations – Articles 18, 39, 43, 49 and 56 of the EC Treaty and Articles 28, 31, 36 and 40 of the EEA Agreement – Articles 5(1) and 53(2) of Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance … Continue reading Commission v Belgium C-522/04: ECJ 3 Oct 2006
ECJ (Competition Competition – Judgment) Appeal – Competition – Articles 101 TFEU and 102 TFEU – Regulation (EC) No 1/2003 – Article 30 – Commission decision finding an illegal cartel on the European hydrogen peroxide and perborate market – Publication of an extended non-confidential version of that decision – Rejection of a request for confidential … Continue reading Evonik Degussa v Commission: ECJ 14 Mar 2017
ECJ Request for a preliminary ruling – Common European Asylum System – Application by a national of a third country seeking refugee status – Directive 2005/85/EC – Article 23 – Possibility of prioritising the processing of asylum applications – National procedure applying a prioritised procedure for the examination of applications by persons belonging to a … Continue reading HID, BA v Minister For Justice, Equality And Law Reform, Ireland, Attorney General: ECJ 31 Jan 2013
ECJ Reference for a preliminary ruling – Articles 56 TFEU and 57 TFEU – Directive 96/71/EC – Articles 3, 5 and 6 – Workers of a company with its seat in Member State A, posted to carry out works in Member State B – Minimum wage provided for by the collective agreements of Member State … Continue reading Sahkoalojen Ammattiliitto ry v Elektrobudowa Spolka Akcyjna: ECJ 12 Feb 2015
Akenhead J said: ‘For many years, the Courts of England and Wales have, with regard to interlocutory or interim injunctions, applied the principles and practice laid down in the well-known case of American Cyanamid Co v Ethicon [1975] AC 396. The first question which must be answered is whether there is a serious question to … Continue reading Exel Europe Ltd v University Hospitals Coventry and Another: TCC 21 Dec 2010
Citations: 11562/05, [2006] ECHR 648, (2006) 46 EHRR 675 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010 The deceased soldier died of … Continue reading Byrzykowski v Poland: ECHR 27 Jun 2006
ECJ (Judgment) Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Point 6 of Annex III – Validity – Procedure – Amendment of a proposal for a Council directive after the Parliament has given an opinion – No fresh consultation of the Parliament – Article 98(2) – Validity … Continue reading Rzecznik Praw Obywatelskich v Marszalek Sejmu Rzeczypospolitej Polskiej: ECJ 7 Mar 2017
The appellant had arrived from Sierra Leone and obtained student permits. When they expired he sought asylum, citing his family’s persecution after a coup, and that fact that other members of his family now had indefinite leave, and he said that an order returning him to Sierra Leone would impinge on their right to family … Continue reading Beoku Betts v Secretary of State for the Home Department: HL 25 Jun 2008
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015
When determining whether a claimant has possessions or property within the meaning of Article I the court may have regard to national law and will generally do so unless the national law is incompatible with the object and purpose of Article 1. Any interference with the enjoyment of property must be justifiable as being in … Continue reading Pressos Compania Naviera S A And Others v Belgium: ECHR 20 Nov 1995
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was cancelled when he lost his home. Held: The appeal was dismissed. The disabilty premium, as part of … Continue reading RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended in the light of the case of ZH. Held: HH and PH’s appeals … Continue reading HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012
The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion. Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a mechanism for the compulsory transfer of the freehold interest in the house and the land to … Continue reading James and Others v The United Kingdom: ECHR 21 Feb 1986
The defendant appealed his conviction for having a bladed article under the section. He had with him a butter knife, which was wooden and with no handle or cutting edge. Held: The court would not be drawn into discussing whether it was sharp. The Act required only that the article be bladed. The knife fell … Continue reading Regina v Director of Public Prosecutions: QBD 13 Apr 2005
ECJ Judgment – State aid – Electricity – Compensation of additional production costs – Public service obligation to produce certain volumes of electricity from indigenous coal – priority call mechanism – Decision not to raise objections – Decision declaring the aid compatible with the common market – Action for annulment – Individual concern – Substantial … Continue reading Castelnou Energia v Commission: ECFI 3 Dec 2014
ECJ Directive 2004/39/EC – Markets in financial instruments – Article 19 – Conduct of business obligations when providing investment services to clients – Investment advice – Other investment services – Obligation to assess the suitability or appropriateness of the service to be provided – Contractual consequences of non-compliance with that obligation – Investment service offered … Continue reading Genil 48 Sl v Bankinter Sa: ECJ 30 May 2013
(Grand Chamber) The police had shot someone suspected of stealing a scooter. The family complained that they had not been given full access to the documents seen by the enquiry into his death. Held: In order to be ‘effective’ as this expression is to be understood in the context of Article 2 of the Convention, … Continue reading Ramsahai and Others v The Netherlands: ECHR 10 Nov 2005
1. Respondent’s inquiries in country of origin of applicant for international protection (1) There is no general legal requirement on the Secretary of State to obtain the consent of an applicant for international protection before making an inquiry about the applicant in the applicant’s country of origin. The decision in VT (Article 22 Procedures Directive … Continue reading PA (Protection Claim, Respondent’s Enquiries, Bias): UTIAC 21 Sep 2018
FTTTx (Procedure : Hearings In Private) PROCEDURE – application for hearing in private – rule 32 of Tribunal Rules – celebrity status of the appellant – deductibility of expenses against income – principle of open justice – whether the test of necessity for derogation met – whether anonymity strictly necessary – whether confidentiality of information … Continue reading D v Revenue and Customs: FTTTx 22 Dec 2016
ECJ (Judgment) Reference for a preliminary ruling – Regulation (EC) No 4/2009 – Article 41(1) – Recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations – Enforcement of a decision in a Member State – Application submitted directly to the competent authority of the Member State of enforcement – National legislation … Continue reading MS v PS: ECJ 9 Feb 2017
ECJ (Judgment) EU trade mark – Opposition proceedings – Application for EU figurative trade mark ZIRO – Earlier EU figurative mark zero – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 Citations: ECLI:EU:T:2017:67, [2017] EUECJ T-106/16 Links: Bailii Jurisdiction: European Intellectual Property Updated: 29 January 2022; Ref: … Continue reading Zero v EUIPO – Hemming (Ziro): ECFI 9 Feb 2017
ECJ (Judgment) EU trade mark – Opposition proceedings – Application for the figurative EU trade mark TRIPLE EVOLUTION – Earlier EU word mark Evolution – Relative ground of refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 Citations: ECLI:EU:T:2017:66, [2017] EUECJ T-82/16 Links: Bailii Statutes: Regulation … Continue reading International Gaming Projects v EUIPO – ADP Gauselmann (Triple Evolution): ECFI 9 Feb 2017
(Judgment) Community design – Application for Community designs representing beakers – ‘Representation suitable for reproduction’ – Lack of precision of the representation with regard to the scope of the protection sought – Refusal to remedy the deficiencies – Refusal to attribute a date of filing – Articles 36 and 46 of Regulation (EC) No 6/2002 … Continue reading Mast-Jagermeister v EUIPO (Gobelets): ECFI 9 Feb 2017
(Judgment) Reference for a preliminary ruling – VAT – Directive 2006/112/EC – Articles 131 and 138 – Preconditions for the exemption of an intra-Community supply – VAT Information Exchange System (VIES) – Purchaser’s failure to register – Refusal to grant the exemption – Whether permissible Citations: ECLI:EU:C:2017:106, [2017] EUECJ C-21/16 Links: Bailii Jurisdiction: European VAT … Continue reading Euro Tyre BV – Sucursal em Portugal v Autoridade Tributaria e Aduaneira: ECJ 9 Feb 2017
ECJ (Judgment) Mark of the European Union – Application for verbal mark of the European Union TEMPOS VEGA SICILIA – Absolute ground for refusal – Wine mark containing geographical indications – Article 7, paragraph 1 j) of Regulation (EC) No – 207/2009 Citations: ECLI:EU:T:2017:69, [2017] EUECJ T-696/15 Links: Bailii Jurisdiction: European Intellectual Property Updated: 29 … Continue reading Bodegas Vega Sicilia v EUIPO (Tempos Vega Sicilia): ECFI 9 Feb 2017
ECJ (Judgment) Failure of a Member State to fulfil obligations – Article 49 TFEU – Freedom of establishment – Notaries – Nationality requirement – Article 51 TFEU – Connection with the exercise of official authority Citations: ECLI:EU:C:2017:73, [2017] EUECJ C-392/15 Links: Bailii Jurisdiction: European Legal Professions Updated: 29 January 2022; Ref: scu.573826
ECJ (Judgment) Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 23 – Time limit for surrender of the requested person – Possibility of agreeing on a new surrender date on a number of occasions – Resistance of the requested person … Continue reading Vilkas: ECJ 25 Jan 2017
ECJ (Judgment) Reference for a preliminary ruling – Directive 2004/48 / EC – Article 13 – Intellectual and industrial property – Infringement – Calculation of damages – Regulation of a Member State – Double of the sum of royalties normally due Citations: C-367/15, [2017] EUECJ C-367/15 Links: Bailii Jurisdiction: European Intellectual Property Updated: 29 January … Continue reading Stowarzyszenie Olawska Telewizja Kablowa v Stowarzyszenie Filmowcow Polskich: ECJ 25 Jan 2017
ECJ (Judgment) EU trade mark – Opposition proceedings – Application for EU figurative mark Morgan and Morgan – Earlier EU figurative mark MMG TRUST MIEMBRO DEL GRUPO MORGAN and MORGAN – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 Citations: ECLI:EU:T:2017:17, [2017] EUECJ T-399/15 Links: Bailii Jurisdiction: … Continue reading Morgan and Morgan v EUIPO – Grupo Morgan and Morgan (Morgan and Morgan): ECFI 19 Jan 2017
Customs Regulations – Endangered species; elephant’s tusk seized at airport; Customs and Excise Management Act 1979 s 49(1)(b), 139(1), 152(b); Convention on the International Trade in Endangered Species 1973 (CITES); Council Regulation (EC) 338/97 Article 4(2) and Annex B; Council Regulation 709/2010; Commission Regulation (EC) 865/2006 Article 57; whether decision to refuse to restore one … Continue reading Talbot v The Director of Border Revenue: FTTTx 14 Jun 2012
EJ Action for annulment – EU external action – Article 218(9) TFEU – Establishing the position to be adopted on behalf of the European Union in a body set up by an international agreement – International agreement to which the European Union is not a party – International Organisation of Vine and Wine (OIV) – … Continue reading Germany v Council C-399/12: ECJ 7 Oct 2014
Judgment – EU trade mark – Revocation proceedings – EU figurative mark PAL – Partial revocation – Genuine use of the mark – Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 – Form differing from the registered mark – Rule 22(3) and (4) of Regulation (EC) No 2868/95 T-397/15, [2016] EUECJ T-397/15 Bailii … Continue reading Pal-Bullermann v EUIPO – Symaga (Pal): ECFI 14 Dec 2016
ECJ Judgment – Customs Union – Importation of tuna derived products from Ecuador – Post-clearance recovery of import duties – Application for non-recovery of import duties – Article 220 (2) (b) and Article 236 of Regulation (EEC) No 2913/92 – Notice to importers published in the Official Journal – Good faith – Application for remission … Continue reading Spain v Commission – T-548/14: ECFI 15 Dec 2016
ECJ Judgment – Reference for a preliminary ruling – Social policy – Charter of Fundamental Rights of the European Union – Directive 2000/78 / EC – Equal treatment in employment and occupation – Article 2 (1) and (2) – Discrimination on grounds of age – Collective labor agreement – Extension of the period from the … Continue reading Bowman v Pensionsversicherungsanstalt: ECJ 21 Dec 2016
ECJ Judgment – EU trade mark – Opposition proceedings – Application for the EU word mark ALDIANO – Earlier EU word mark ALDI – Genuine use of the earlier mark – Article 42(2) of Regulation (EC) No 207/2009 – Rule 22(3) of Regulation (EC) No 2868/95 ECLI:EU:T:2016:741, [2016] EUECJ T-391/15 Bailii European Intellectual Property Updated: … Continue reading Aldi GmbH and Co KG v EUIPO – Cantina Tollo (Aldiano): ECFI 15 Dec 2016
(Judgment) Failure by a Member State to fulfil its obligations – Article 17(2) and (6) of the Sixth VAT Directive – Reintroduction, after the date of entry into force of the Directive, of a total abolition of the right to deduct VAT charged on diesel used as fuel for vehicles and machines on the purchase … Continue reading Commission v France C-40/00: ECJ 14 Jun 2001
Failure by a Member State to fulfil its obligations – Article 30 of the EC Treaty (now, after amendment, Article 28 EC) – Free movement of articles of precious metal – Rules on acceptable standards of fineness [2001] EUECJ C-84/00, [2001] ECR I-4553, ECLI:EU:C:2001:339 Bailii European Commercial Updated: 26 January 2022; Ref: scu.162789
ECJ (Judgment) EU trade mark – Invalidity proceedings – EU word mark UNICORN – Earlier national word and figurative marks UNICORN – Article 53(1)(a) and Article 8(5) of Regulation (EC) No 207/2009 – Reputation ECLI:EU:T:2016:639, [2016] EUECJ T-201/15 Bailii European Intellectual Property Updated: 25 January 2022; Ref: scu.571260
ECJ (Judgment) Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – Directive 2016/343/EU – Articles 3 and 6 – Temporal application – Review by the courts of the remand in custody pending trial of an accused – National legislation prohibiting, during the trial stage of the proceedings, … Continue reading Milev C-439/16: ECJ 27 Oct 2016
The court heard appeals with regard to two foreign criminals sentenced to between 12 months’ and four years’ imprisonment for criminal offences and then made subject to a deportation order by the Secretary of State; in each case the deportee successfully appealed on article 8 ECHR grounds to the First Tier Tribunal (FTT); in each … Continue reading The Secretary of State for The Home Department v AJ (Zimbabwe): CA 20 Oct 2016
ECJ (Judgment) EU trade mark – Opposition proceedings – Application for EU word mark CITRUS SATURDAY – Earlier national word mark CITRUS – Late submission of documents – Discretion conferred by Article 76(2) of Regulation (EC) No 207/2009 – Rule 19 and Rule 20(1) of Regulation (EC) No 2868/95) ECLI:EU:T:2016:569, [2016] EUECJ T-539/15 Bailii European … Continue reading Llr-G5 v EUIPO – Glycan Finance (Silicium Organique G5 Llr-G5): ECFI 28 Sep 2016
ECJ (Judgment Of The Court (Eighth Chamber)) Failure of a Member State to fulfil obligations – Taxation – Directive 2006/112/EC – Articles 168, 171, 193, 194, 204 and 214 – Legislation of a Member State obliging a seller or provider established outside the national territory to designate a tax representative and to identify himself for … Continue reading European Commission v French Republic C-624/10: ECJ 15 Dec 2011
ECJ Community trade mark – Opposition proceedings – Application for the Community figurative mark el charcutero artesano – Earlier national figurative mark El Charcutero – Relative ground for refusal – No likelihood of confusion – Absence of similarity between the signs – Article 8(1)(b) of Regulation (EC) No 40/94 Community trade mark – Definition and … Continue reading Cabrera Sanchez v OHIM. El Charcutero Artesano: ECFI 13 Dec 2007
ECJ Competition – Agreements, decisions and concerted practices – Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom – Decision finding an infringement of Article 81 EC – Price-fixing and market-sharing – Imputability of the unlawful conduct – … Continue reading 1 Garantovana AS v Commission: ECFI 12 Dec 2012
ECJ EU trade mark – Opposition proceedings – Application for EU figurative mark 3D – Earlier EU word and figurative marks 3D’S and 3D’s – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation No (EC) No 207/2009 T-390/15, [2016] EUECJ T-390/15 Bailii Regulation No (EC) No 207/2009 European European Updated: … Continue reading Perfetti Van Melle Benelux V Euipo – Pepsico (3D) (Judgment): ECFI 13 Sep 2016
ECJ Judgment – Reference for a preliminary ruling – Common regulatory framework for electronic communications networks and services – Directive 2002/21/EC – Articles 4 and 19 – National Regulatory Authority – Harmonisation measures – Recommendation 2009/396/EC – Legal scope – Directive 2002/19/EC – Articles 8 and 13 – Operator designated as having significant market power … Continue reading Koninklijke Kpn And Others: ECJ 15 Sep 2016