Donau Chemie v Commission: ECFI 14 May 2014

ECJ (Judgment Of The Court Of First Instance) Competition – Cartels – Market calcium carbide and magnesium for the steel and gas sector in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom – Decision finding an infringement Article 81 EC – price fixing and market-sharing – fines – Article 23 of Regulation (EC) No 1/2003 – Guidelines for calculating the amount of the 2006 fines – mitigating circumstances – Cooperation during the administrative procedure – obligation to state reasons – Equal treatment – Proportionality – Ability to

[2014] EUECJ T-406/09
Bailii
European

European, Commercial

Updated: 03 December 2021; Ref: scu.525833

Germany v Commission T-198/12: ECFI 14 May 2014

ECJ (Judgment Of The Court Of First Instance) Approximation of laws – Directive 2009/48 / EC – Safety of toys – Limit values ??for nitrosamines, nitrosatable substances, lead, barium, arsenic, antimony and mercury in toys – Decision Commission not approve entirely the maintenance of national provisions derogating – Approval limited in time – Proof of a higher level of protection for human health provided by the national provisions

[2014] EUECJ T-198/12
Bailii

European

Updated: 03 December 2021; Ref: scu.525521

Herbaria Krauterparadies v Freistaat Bayern: ECJ 8 May 2014

ECJ Opinion – Agriculture – Labelling of organic products – Regulation (EC) No 889/2008 – Article 27(1)(f) – Use of products and substances in the processing of foodstuffs labelled as organic – Prohibition of the use of minerals and vitamins where not legally required – Addition of ferrous gluconate and vitamins to an organic fruit juice mixture – Quantities required to allow sale as a food supplement, with a nutrition or health claim or as a foodstuff for a particular nutritional use

Sharpston AG
C-137/13, [2014] EUECJ C-137/13, [2014] EUECJ C-137/13 – J
Bailii, Bailii
European

Agriculture

Updated: 03 December 2021; Ref: scu.525446

Intesa Sanpaolo Spa v Office For Harmonisation In The Internal Market (Trade Marks And Designs): ECFI 27 Mar 2014

ECJ Community trade mark – Opposition proceedings – Application for the Community figurative mark EQUITER – Earlier Community word mark EQUINET – Relative ground for refusal – Genuine use of the earlier mark – Article 42(2) of Regulation (EC) No 207/2009 – Obligation to state reasons

T-47/12, [2014] EUECJ T-47/12
Bailii
Regulation (EC) No 207/2009 42(2)

European

Updated: 03 December 2021; Ref: scu.525419

Wagenborg Passagiersdiensten Bv and Others v Minister Van Infrastructuur En Milieu: ECJ 27 Mar 2014

ECJ Opinion – Freedom to provide services – Regulation (EEC) No 3577/92 – Concept of ‘maritime cabotage’ – Applicability – Transport of passengers between the Dutch mainland and certain islands in the Dutch part of the Wadden Sea – Annex I to Directive 2006/87/EC – Article 1(2) of Regulation (EC) No 1370/2007

Wahl AG
ECLI:EU:C:2014:198, C-207/13, [2014] EUECJ C-207/13
Bailii

European

Updated: 03 December 2021; Ref: scu.525420

Commission v Poland: ECJ 29 Mar 2012

ECJ Failure of a Member State to fulfil obligations – Directive 2001/83/EC – Articles 5 and 6 – Proprietary medicinal products – Medicinal products for human use – Marketing authorisation – Legislation of a Member State exempting medicinal products similar to but cheaper than authorised products from marketing authorisation

K. Lenaerts, P
[2012] EUECJ C-185/10, C-185/10
Bailii
Directive 2001/83/EC
Citing:
OpinionCommission v Poland ECJ 29-Sep-2011
ECJ (Approximation Of Laws) Opinion – Failure of a Member State to fulfil obligations – Directive 2001/83/EC – Article 6 – Marketing authorisation – Article 5 – Exclusion from provisions of directive for . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 01 December 2021; Ref: scu.522273

Dresser Rand v Agenzia Delle Entrate Direzione Provinciale, Ufficio Controlli di Genova: ECJ 6 Mar 2014

ECJ (Judgment Of The Court) Request for a preliminary ruling – Taxation – VAT – Directive 2006/112/EC – Article 17(2)(f) – Condition relating to the return of goods to the Member State from which they were initially dispatched or transported

C-606/12, [2014] EUECJ C-606/12
Bailii

European

Updated: 01 December 2021; Ref: scu.522269

Bouman v Rijksdienst voor Pensioenen: ECJ 4 Mar 2014

ECJ (Opinion) Preliminary ruling – Regulation (EEC) No 1408/71 – Article 46 bis, paragraph 3 c) – Social security for migrant workers – Old Age and Survivors Insurance – Calculation of benefits – National rules against overlapping – Definition of” voluntary insurance or optional continued ‘- National pension under a compulsory insurance scheme with the possibility to request exemption from affiliation to that scheme for a certain period – Scope of the certificate issued by the competent institution of another Member State – Regulation (EC) No 574/72 – Article 47

Maciej Szpunar AG
C-114/13, [2014] EUECJ C-114/13
Bailii
Regulation (EEC) No 1408/71, Regulation (EC) No 574/72
Cited by:
OpinionBouman v Rijksdienst voor Pensioenen ECJ 12-Feb-2015
ECJ Judgment – Reference for a preliminary ruling – Social security – Regulation (EEC) No 1408/71 – Old age and survivors’ insurance – Article 46a(3)(c) – Award of benefits – National rules against overlapping – . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 01 December 2021; Ref: scu.521986

Greencarrier Freight Services Latvia (Bibliographic Notice): ECJ 5 Dec 2013

ECJ Opinion – Customs union – Customs Code – Articles 70, 78, 221 of Regulation (EEC) No 2913/92 – Revision of customs declarations – Partial examination of goods – Extension of audit results to identical goods included in other statements – Eligibility – verification – Can not request a further examination – Limitation period – Legal certainty

Mengozzi AG
C-571/12, [2013] EUECJ C-571/12
Bailii
Regulation (EEC) No 2913/92
Cited by:
OpinionGreencarrier Freight Services Latvia (Bibliographic Notice) ECJ 27-Feb-2014
ECJ Request for a preliminary ruling – Community Customs Code – Articles 70(1) and 78 – Customs declarations – Partial examination of goods – Sampling – Incorrect code – Application of the results to identical . .

Lists of cited by and citing cases may be incomplete.

European, Customs and Excise

Updated: 28 November 2021; Ref: scu.519477

Commission / Dei (Bibliographic Notice): ECJ 5 Dec 2013

ECJ Opinion – Appeals – Competition – Articles 82 EC and 86, paragraph 1, CE – Continuing special rights granted by Greece in favor of a public company for the exploration and exploitation of lignite deposits – Competitive Advantage in the markets the supply of lignite and electricity wholesale through the exercise of these rights – Extension of the dominant position of the first to the second of these markets – Obligation for the Commission to establish abusive behavior on the part of the company public

Melchior Wathelet AG
C-553/12, [2013] EUECJ C-553/12, [2014] EUECJ C-553/12, [2013] EUECJ C-553/12 – O
Bailii, Bailii, Bailii

European, Commercial

Updated: 28 November 2021; Ref: scu.519466

Champion, Regina (on The Application of) v North Norfolk District Council and Others: CA 18 Dec 2013

The claimant had succeeded in a challenge to the grant of planning permission for the building of two barley silos. He said that the development was near and might affect Site of Special Scientic interest. The Council had at the same time said that there was no requirement for an environmental impact assessment, and that it had to impose conditions which were only available if a threat existed requiring an assessment.
Held:

Richards, Lewison LJJ, Coleridge J
[2013] EWCA Civ 1657
Bailii
Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, Conservation of Habitats and Species Regulations 2010 61
England and Wales
Citing:
Appeal fromChampion v North Norfolk District Council and Another Admn 7-May-2013
The claimant challenged the grant of planning permission for the erection of silos for the storage of barley. He said that the development might adversely impact on a nearby Site of Special Scientific Interest.
Held: The judicial review . .

Cited by:
Appeal fromChampion, Regina (on The Application of) v North Norfolk District Council and Another SC 22-Jul-2015
‘The appeal concerns a proposed development by Crisp Maltings Group Ltd (‘CMGL’) at their Great Ryburgh plant in Norfolk, in the area of the North Norfolk District Council (‘the council’). It was opposed by the appellant, Mr Matthew Champion, a . .

Lists of cited by and citing cases may be incomplete.

Planning, European, Environment

Updated: 27 November 2021; Ref: scu.519217

Antonio Munoz Y Cia S A , Superior Fruticola S A v Frumar Limited, Redbridge Produce Marketing Limited: PatC 26 Mar 1999

European legislation which controlled the naming and use of patented grape varieties did not provide for actions directly between the owner of the mark and an infringer. The purpose of the legislation was consumer protection achieved in other ways.

Times 02-Apr-1999
EC Treaty
England and Wales
Citing:
Appeal toAntonio Munoz Y Cia SA Superior Fruitcola SA v Frumar Limited Redbridge Produce Marketing Limited CA 16-Jun-1999
The claimant sought to enforce European agricultural quality standards against the defendant, who was selling grapes in breach of the European Directive.
Held: The defendants were in breach, but the Directive did not give the claimants a . .

Cited by:
Appeal fromAntonio Munoz Y Cia SA Superior Fruitcola SA v Frumar Limited Redbridge Produce Marketing Limited CA 16-Jun-1999
The claimant sought to enforce European agricultural quality standards against the defendant, who was selling grapes in breach of the European Directive.
Held: The defendants were in breach, but the Directive did not give the claimants a . .

Lists of cited by and citing cases may be incomplete.

European, Agriculture, Intellectual Property

Updated: 27 November 2021; Ref: scu.136047

Zentralbetriebsrat Der Gemeinnutzigen Salzburger Landeskliniken Betriebs Gmbh v Land Salzburg: ECJ 5 Dec 2013

ECJ Freedom of movement for workers – Article 45 TFEU – Regulation (EU) No 492/2011 – Article 7(1) – National legislation providing for account to be taken only of a proportion of the periods of service completed with employers other than Land Salzburg – Restriction of freedom of movement for workers – Justifications – Overriding reasons in the public interest – Objective of rewarding loyalty – Administrative simplification – Transparency

R Silva de Lapuerta, P
C-514/12, [2013] EUECJ C-514/12
Bailii
Regulation (EU) No 492/2011, Article 45 TFEU

European

Updated: 26 November 2021; Ref: scu.518894

Clientearth v The Secretary of State For The Environment, Food And Rural Affairs: ECJ 28 Nov 2013

Expedited procedure

C-404/13, [2013] EUECJ C-404/13
Bailii
Citing:
Reference fromClientearth, Regina (on The Application of) v The Secretary of State for The Environment, Food and Rural Affairs SC 1-May-2013
The court gave its reasons for referring to the ECJ, the question asked of it, as to the failure of the respondent to ensure compliance with the EU Directive on Nitrogen dioxide control, and the consequential orders. However, a declaration was . .

Cited by:
See AlsoClientearth v The Secretary of State For The Environment, Food And Rural Affairs ECJ 19-Nov-2014
ECJ Reference for a preliminary ruling – Environment – Air quality – Directive 2008/50/EC – Limit values for nitrogen dioxide – Obligation to apply for postponement of the deadline by submitting an air quality . .

Lists of cited by and citing cases may be incomplete.

European, Environment

Updated: 26 November 2021; Ref: scu.518883

Marks and Spencer plc v Revenue and Customs: FTTTx 2 Apr 2009

FTTTx EUROPEAN LAW – group relief for losses of non-resident subsidiaries – whether there are no possibilities for those losses to be taken into account at the date of the group relief claim – no at the date of the original claims which are not valid claims, and yes on 20 March 2007 when the second claims were made — appeals allowed in principle

Malcolm Gammie QC TJ
[2009] UKFTT 00005 (TC), [2009] SFTD 1, [2009] UKFTT 64 (TC)
Bailii
England and Wales
Cited by:
At FTTTXRevenue and Customs v Marks and Spencer Plc SC 22-May-2013
The company wished to assign losses in its European subsidiaries against its profits. Since the losses were first claimed, the subsidiaries had gone into insolvent liquidation.
Held: Lord Hope said: ‘I would answer the first issue by rejecting . .
SeeAlsoMarks and Spencer Plc v Revenue and Customs FTTTx 24-Aug-2009
. .
At FTTTxMarks and Spencer Plc v HM Revenue and Customs UTTC 21-Jun-2010
UTTC EUROPEAN LAW – group relief for losses of non-resident subsidiaries – whether there are no possibilities for those losses to be taken into account at the date of the group relief claim – date of valid claim . .
At FTTTxHM Revenue and Customs v Marks and Spencer Plc CA 14-Oct-2011
The taxpayers claimed relief for losses incurred within their European subsidiaries. The claim having been referred to the ECJ, Moses LJ summarised the issues outstanding: ‘(i) Is the test that the ECJ established to identify those circumstances in . .

Lists of cited by and citing cases may be incomplete.

Corporation Tax, European

Updated: 26 November 2021; Ref: scu.518020

Dieter Rossmeier v Mountbody Transport and Others: IHCS 7 Feb 2000

A firm with its business base outside had begun an action in Scotland. The court ordered the pursuer to nominate somebody within the jurisdiction to have conduct of the proceedings and to bear the possible burden of costs. The order was not valid since it was in breach of European law. A Scottish court order would be enforceable in Germany, and the order discriminated against the citizen of another member state under article 12 of the Treaty.

Times 07-Feb-2000
EC Treaty Art 12
Scotland

European

Updated: 23 November 2021; Ref: scu.79959

Commissioners for Her Majesty’s Revenue and Customs v RBS Deutschland Holdings: ECJ 22 Dec 2010

ECJ Sixth VAT Directive – Right to deduction – Purchase of vehicles and use for leasing transactions – Differences between the tax regimes of two Member States – Prohibition of abusive practices
‘taxable persons are generally free to choose the organisational structures and the form of transactions which they consider to be most appropriate for their economic activities and for the purposes of limiting their tax burdens’, albeit that this is subject to an exception for ‘abusive transactions’.

K. Lenaerts, P
[2010] EUECJ C-277/09, ECLI:EU:C:2010:810, [2011] STI 262, [2011] BVC 138, [2011] STC 345
Bailii
European
Citing:
OpinionCommissioners for Her Majesty’s Revenue and Customs v RBS Deutschland Holdings ECJ 30-Sep-2010
ECJ Opinion – Interpretation of Article 17(3)(a) of the Sixth VAT Directive – Transactions carried out with the sole aim of obtaining a tax advantage – Provision of vehicle leasing services in the United Kingdom . .
At VDT (2)RBS Deutschland Holdings Gmbh v Revenue and Customs VDT 3-May-2005
VDT Applications – opposed motion to sist part of the proceedings in the appeal pending an ECJ Decision: Application for an order for disclosure of documents – necessity of documents, relevance to issue . .
At VDT (1)RBS Deutschland Holdings Gmbh v Customs and Excise VDT 16-Nov-2004
VDT Application: Interlocutory Hearing – Jurisdiction – whether appeal raised in Edinburgh should be transmitted to London in respect that there was another connected appeal there – whether Appellants with . .
At Inner HouseRevenue and Customs v RBS Deutschland Holdings Gmbh SCS 13-Jan-2006
SCS The taxpayer, a German subsidiary of a UK bank, carried on a banking and leasing business in Germany. It did not have a place of establishment in the UK. It was registered in the UK for VAT as a . .
At VDT (3)RBS Deutschland Holdings Gmbh v Revenue and Customs VDT 24-Jul-2007
VDT VAT – deduction of input tax – leasing of cars within UK by German subsidiary company – cars purchased within UK, remaining there and subject to VAT in UK – leasing deemed to be supply of services in Germany . .

Cited by:
CitedRevenue and Customs v Pendragon Plc and Others SC 10-Jun-2015
‘This appeal is about an elaborate scheme designed and marketed by KPMG relating to demonstrator cars used by retail distributors for test drives and other internal purposes. In the ordinary course, a car distributor will buy new cars for use as . .
CitedRevenue and Customs v Secret Hotels2 Ltd SC 5-Mar-2014
The Court was asked as to: ‘the liability for Value Added Tax of a company which markets and arranges holiday accommodation through an on-line website. The outcome turns on the appropriate characterisation of the relationship between the company, . .

Lists of cited by and citing cases may be incomplete.

European, VAT

Updated: 17 November 2021; Ref: scu.513675

Stichting Corporate Europe Observatory v European Commission: ECFI 7 Jun 2013

ECJ Access to documents – Regulation (EC) No 1049/2001 – Documents concerning the negotiations between the European Union and the Republic of India for the purposes of concluding a free trade agreement – Refusal of access – Exception relating to the protection of the public interest in the field of international relations – Documents which have entered the public domain – Non-imposition of a restriction on disclosure of documents

T-93/11, [2013] EUECJ T-93/11
Bailii
Regulation (EC) No 1049/2001
European

European

Updated: 12 November 2021; Ref: scu.510333

Brey v Pensionsversicherungsanstalt: ECJ 29 May 2013

ECJ (Opinion) Citizenship of the Union – Freedom of movement for persons – Article 7(1)(b) of Directive 2004/38/EC – Right of residence for a period longer than three months on the territory of another Member State – Persons having ceased their professional activity – Conditions for residence – Application for a special non-contributory cash benefit (‘Ausgleichszulage’) – Notion of ‘social assistance’

Wahl AG
[2013] EUECJ C-140/12
Bailii
Directive 2004/38/EC 7(1)(b)
European
Cited by:
OpinionBrey v Pensionsversicherungsanstalt ECJ 19-Sep-2013
Judgment – Freedom of movement for persons – Union Citizenship – Directive 2004/38/EC – Right of residence for more than three months – Article 7(1)(b) – Person no longer having worker status – Person in possession of a retirement pension – Having . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 12 November 2021; Ref: scu.510318

OQ (India) and Another v Secretary of State for the Home Department; SM (India) v Same: CA 25 Nov 2009

The claimants sought a right of entry and of residence as dependants of EU citizens. They had been refused by the entry clearance officer.
Held: The test of the status of a dependent member of a worker’s family was the result of a factual situation, namely the provision of support by the worker, without there being any need to determine the reasons for recourse to the worker’s support. It was therefore inappropriate to question the applicant on that basis or to refuse entry for that reason.

Lord Justice Ward, Lord Justice Etherton and Lord Justice Sullivan
Times 07-Dec-2009
Parliament and Council Directive 2004/38/EC (OJ April 30, 2004 L158/77)
England and Wales
Citing:
LeaveOQ (India) v Entry Clearance Officer CA 11-Jun-2009
. .

Lists of cited by and citing cases may be incomplete.

Immigration, European

Updated: 11 November 2021; Ref: scu.392549

Wightman, MSP and Others, Reclaiming Motion By v The Advocate General: SCS 20 Mar 2018

Art 50 withdrawal possibility review to proceed

Petition seeking judicial review of the United Kingdom Government’s ‘position’ on the revocability of a notice of intention to withdraw from the European Union in terms of Article 50.2 of the Treaty on European Union.

[2018] ScotCS CSIH – 18
Bailii
Scotland
Cited by:
At Outer HouseWightman MSP and Others for Judicial Review v The Secretary of State for Exiting The European Union SCS 8-Jun-2018
The Petitioners sought a declaration that the Article 50 notice given by the UK government could be withdrawn by the UK without the consent of the EU.
Held: The matter was referred to the CJEU for a preliminary answer to the question: ‘Where, . .
At Outer HouseWightman and Others v Secretary of State for Exiting the European Union ECJ 4-Dec-2018
Opinion – Unilateral withdrawal of Art 50 Notice
Opinion – Right of withdrawal from the European Union – Notification of the intention to withdraw – Withdrawal of the United Kingdom (Brexit)
Question referred for a preliminary ruling – Admissibility – Article 50 TEU – Right of withdrawal from . .
At Outer HouseWightman and Others v Secretary of State for Exiting the European Union ECJ 10-Dec-2018
Art 50 Notice withrawable unilaterally
Reference for a preliminary ruling – Article 50 TEU – Notification by a Member State of its intention to withdraw from the European Union – Consequences of the notification – Right of unilateral revocation of the notification – Conditions
The . .

Lists of cited by and citing cases may be incomplete.

European, Constitutional, Judicial Review

Updated: 11 November 2021; Ref: scu.609354

Kovalkovas: ECJ 10 Nov 2016

ECJ (Judgment) Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(1) – Concept of ‘judicial decision’ – Article 6(1) – Concept of ‘issuing judicial authority’ – European arrest warrant issued by the Ministry of Justice of the Republic of Lithuania with a view to executing a custodial sentence

ECLI:EU:C:2016:861, [2016] EUECJ C-477/16, [2016] WLR(D) 597
Bailii, WLRD
European

European

Updated: 11 November 2021; Ref: scu.571277

Clientearth v European Commission: ECJ 13 Sep 2013

clientearth_ec092013

ECJ Access to documents – Regulation (EC) No 1049/2001 – Studies received by the Commission concerning the transposition of directives on the environment – Partial refusal of access – Exception relating to protection of the purpose of inspections, investigations and audits – Specific and individual assessment – Compatibility with the Aarhus Convention – Overriding public interest – Consequences of exceeding the period for the adoption of an express decision – Extent of the obligation actively to disseminate environmental information

H. Kanninen P
T-111/11, [2013] EUECJ T-111/11
Bailii
Regulation (EC) No 1049/2001
Citing:
See AlsoClientEarth v European Commission ECFI 13-Nov-2012
ECFI Actions for annulment – Access to documents – Regulation (EC) No 1049/2001 – Implied refusal of access – Period allowed for commencing proceedings – Delay – Manifest inadmissibility . .

Lists of cited by and citing cases may be incomplete.

European, Information, Environment

Updated: 11 November 2021; Ref: scu.515263

Apis-Hristovich v Lakorda AD (Approximation Of Laws): ECJ 5 Mar 2009

apishristovichECJ2009

Europa Directive 96/9/EC Legal protection of databases – Sui generis right – Obtaining, verification or presentation of the contents of a database – Extraction – Substantial part of the contents of a database – Database containing official legal data.
APIS had collected a database of legal materials. They alleged unlawful extraction and re-utilisation by the defendant of their product. They said that the defendant had extracted about 82.5% of its database of laws and cases and reproduced them for its own purposes. The defendants, including former employees of the claimant said that they had themselves spent substantial sums collecting the material from other public sources. The national court asked how to interpret ‘permanent transfer’ and ‘temporary transfer’ together.
Held: The documents incude not only the formal public material, but editors notes and references, histories and links. ‘The decisive criterion . . is to be found in the existence of an act of ‘transfer’ of all or part of the contents of the database concerned to another medium, whether of the same nature as the medium of that database or of a different nature. Such a transfer implies that all or part of the contents of a database are to be found in a medium other than that of the original database.’ and ‘ the distinction between permanent transfer and temporary transfer lies in the duration of storage on another medium of materials extracted from the original database. There is permanent transfer when those materials are stored in a permanent manner on a medium other than the original medium, whereas the transfer is temporary if the materials are stored for a limited period on another medium, such as the operating memory of a computer.’ The notion of the sui generis database right is ‘unencumbered by considerations relating, in particular, to the substantive content of the body of materials in question.’ and ‘the sui generis right applies independently of whether the database and/or its contents are protected, inter alia, by copyright.’

C-545/07, [2009] EUECJ C-545/07
Bailii
Directive 96/9/EC on the legal protection of databases
Citing:
CitedUnion Royale Belge des societes de Football Association and others v Bosman and others ECJ 15-Dec-1995
bosmanECJ1995
A request for the Court to order a measure of inquiry under Article 60 of the Rules of Procedure, made by a party after the close of the oral procedure, can be admitted only if it relates to facts which may have a decisive influence and which the . .
CitedCentro Europa 7 SrL v Ministero delle Comunicazioni e Autorit- per le garanzie nelle comunicazioni, Direzione generale per le concessioni e le autorizzazioni del Ministero delle Comunicazioni (Industrial Policy) ECJ 12-Sep-2007
Europa Reference for a preliminary ruling from the Consiglio di Stato (Italy). Freedom to provide services Electronic communications Television broadcasting activities New common regulatory framework Allocation . .
CitedIdryma Koinonikon Asfaliseon (IKA) v Vasilios Ioannidis ECJ 25-Feb-2003
Europa Social security – Hospital treatment of a pensioner during a stay in a Member State other than the State in which he resides – Conditions for funding – Articles 31 and 96 of Regulation (EEC) No 1408/71 – . .
CitedPreussenElektra v Schleswag AG, in the presence of Windpark Reussenkoge III GmbH and Land Schleswig-Holstein ECJ 13-Mar-2001
Europa Electricity – Renewable sources of energy – National legislation requiring electricity supply undertakings to purchase electricity at minimum prices and apportioning the resulting costs between those . .
CitedThe British Horseracing Board Ltd and Others v William Hill Organization Ltd ECJ 9-Nov-2004
bhb_whECJ2004
The claimant sought to prevent re-use by the defendant of information from its horse racing subscription service. They claimed that they had a database right in the information. It cost andpound;4m per year to assemble.
Held: The expression . .
CitedMotosykletistiki Omospondia Ellados NPID (Motoe) (Competition) ECJ 6-Mar-2008
Europa Competition Sport Articles 82 EC and 86 EC Definition of undertaking Economic activities Abuse of a dominant position Grant of special or exclusive rights Non-profit-making organisation which participates . .
CitedFixtures Marketing v Organismos prognostikon agonon podosfairou AE (OPAP) ECJ 9-Nov-2004
ECJ The term database as defined in Article 1(2) of Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases refers to any collection of works, data or . .
CitedDirectmedia Publishing v Albert-Ludwigs-Universitat Freiburg (Approximation of Laws) ECJ 10-Jul-2008
Europa Legal protection of databases Directive 96/9/EC – Notion of ‘extraction’ in Article 7(2)(a) of Directive 96/9/EC. . .

Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Leading Case

Updated: 11 November 2021; Ref: scu.317887

Scotch Whisky Association And Others v Lord Advocate, Advocate General for Scotland: ECJ 23 Dec 2015

ECJ (Judgment) Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Regulation (EU) No 1308/2013 – Free movement of goods – Article 34 TFEU – Quantitative restrictions – Measures having equivalent effect – Minimum price of alcoholic drinks calculated according to the alcoholic strength of the product – Justification – Article 36 TFEU – Protection of human life and health – Assessment by the national court
‘I consider that the existence of a CMO covering the wine sector does not prevent the national authorities from taking action in the exercise of their competence in order to adopt measures to protect health and, in particular, to combat alcohol abuse. However, where the national measure constitutes a breach of the principle of the free formation of selling prices that constitutes a component of the single CMO Regulation, the principle of proportionality requires that the national measure must actually meet the objective of the protection of human health and must not go beyond what is necessary in order to attain that objective.
As the commission suggests, I consider that the examination of the proportionality of the measure must be undertaken in the context of the analysis that must be carried out by reference to article 36 TFEU.
Consequently, I propose that the answer to the first question should be that the single CMO Regulation must be interpreted as meaning that it does not preclude national rules, such as those at issue, which prescribe a minimum retail price for wines according to the quantity of alcohol in the product sold, provided that those rules are justified by the objectives of the protection of human health, and in particular the objective of combating alcohol abuse, and do not go beyond what is necessary in order to achieve that objective.’
‘A barrier to the free movement of goods may be justified on one of the public interest grounds set out in article 36 TFEU or in order to meet overriding requirements. In either case, the restrictions imposed by the member states must none the less satisfy the conditions laid down in the court’s case law as regards their proportionality. In that regard, in order for national rules to comply with the principle of proportionality, it is necessary to ascertain not only whether the means which they implement are appropriate to ensure attainment of the objective pursued, but also that those means do not go beyond what is necessary to attain that objective: Berlington Hungary Tanacsado es Szolgaltato kft v Magyar Allam (Case C-98/14) [2015] 3 CMLR 45, para 64.
Although the words generally used by the court seem most frequently to result in only two different stages of the control of proportionality being distinguished, the intellectual exercise followed in order to determine whether a national measure is proportionate is generally broken down into three successive stages.
The first stage, corresponding to the test of suitability or appropriateness, consists in ascertaining that the act adopted is suitable for attaining the aim sought.
The second stage, relating to the test of necessity, sometimes also known as the ‘minimum interference test’, entails a comparison between the national measure at issue and the alternative solutions that would allow the same objective as that pursued by the national measure to be attained but would impose fewer restrictions on trade.
The third stage, corresponding to the test of proportionality in the strict sense, assumes the balancing of the interests involved. More precisely, it consists in comparing the extent of the interference which the national measure causes to the freedom under consideration and the contribution which that measure could secure for the protection of the objective pursued.’

R. Silva de Lapuerta, P
ECLI:EU:C:2015:845, [2015] EUECJ C-333/14, [2016] 1 WLR 2283, [2015] WLR(D) 544
Bailii, WLRD
Regulation (EU) No 1308/2013, TFEU 34
European
Citing:
See AlsoScotch Whisky Association and Others v The Lord Advocate and Another SCS 30-Apr-2014
(Extra Division, Inner House, Court of Session) Reclaiming motion is brought against the Lord Ordinary’s decision rejecting the petitioners’ challenge to the provisions of the 2012 Act. Reference to ECJ . .
See AlsoThe Scotch Whisky Association and Others, Re Judicial Review SCS 26-Sep-2012
Outer House – application by Alcohol Focus Scotland for permission to intervene in the public interest in a judicial review application by The Scotch Whisky Association and two European bodies which represent producers of spirit drinks and the wine . .
See AlsoThe Scotch Whisky Association and Others, Re Judicial Review SCS 3-May-2013
(Outer House, Court of Session) The petitioners challenged the legality of an enactment of the Scottish Parliament – the Act. They also challenged the legality of the Scottish Ministers’ decision that they would make an Order setting the minimum . .
See AlsoScotch Whisky Association and Others for Judicial Review SCS 11-Jul-2014
Extra Division, Inner House – Further application for leave to intervene. . .
CitedCommission v Italy (Free Movement Of Goods) ECJ 10-Feb-2009
ecJ Failure of a Member State to fulfil obligations Article 28 EC Concept of ‘measures having equivalent effect to quantitative restrictions on imports’ Prohibition on mopeds, motorcycles, motor tricycles and . .

Cited by:
At ECJThe Scotch Whisky Association and Others v The Lord Advocate and Another SCS 21-Oct-2016
The Association sought to challenge the legality of the 2012 Act and orders made under it. The Government’s contended that the Act would bring health benefits of one sort or another to at least part of the population.
Held: In a reclaiming . .
At ECJScotch Whisky Association and Others v The Lord Advocate and Another SC 15-Nov-2017
The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality.
Held: The Association’s appeal failed. Minimum . .

Lists of cited by and citing cases may be incomplete.

Commercial, Health

Updated: 10 November 2021; Ref: scu.565749

Uber Bv v Aslam and Others (Jurisdictional Points – Worker, Employee or Neither : Working Time Regulations): EAT 10 Nov 2017

Uber drivers are workers

JURISDICTIONAL POINTS – Worker, employee or neither
WORKING TIME REGULATIONS – Worker
‘Worker status’ – section 230(3)(b) Employment Rights Act 1996 (‘ERA’), regulation 36(1) Working Time Regulations 1998 (‘WTR’) and section 54(3) National Minimum Wage Act 1998 (‘NMWA’).
‘Working time’ – regulation 2(1) WTR
The Claimants were current or former Uber drivers in the London area who, along with others, had brought various claims in the Employment Tribunal (‘the ET’), which required them to be ‘workers’ for the purposes of section 230(3)(b) Employment Rights Act 1996 (‘ERA’), regulation 36(1) Working Time Regulations 1998 (‘WTR’) and section 54(3) National Minimum Wage Act 1998 (‘NMWA’). The ET concluded that any Uber driver who had the Uber app switched on, was within the territory in which they were authorised to work (here, London) and was able and willing to accept assignments was working for Uber London Ltd (‘ULL’) under a ‘worker’ contract and was, further, then engaged on working time for the purposes of regulation 2(1) WTR.
The Appellants (‘Uber’) appealed, contending (relevantly) as follows:
(1) That the ET had erred in law in disregarding the written contractual documentation. There was no contract between the Claimants and ULL but there were written agreements between the drivers and Uber BV and riders, which were inconsistent with the existence of any worker relationship. Those agreements made clear, Uber drivers provided transportation services to riders; ULL (as was common within the mini-cab or private hire industry) provided its services to the drivers as their agent. In finding otherwise, the ET had disregarded the basic principles of agency law.
(2) The ET had further erred in relying on regulatory requirements as evidence of worker status.
(3) It had also made a number of internally inconsistent and perverse findings of fact in concluding that the Claimants were required to work for Uber.
(4) It had further failed to take into account relevant matters relied on by Uber as inconsistent with worker status and as, on the contrary, strongly indicating that the Claimants were carrying on a business undertaking on their own account.
Held: dismissing the appeal

The ET had been entitled to reject the characterisation of the relationship between Uber drivers and Uber, specifically ULL, in the written contractual documentation. It had found (applying Autoclenz Ltd v Belcher and Ors [2011] ICR 1157 SC(E)) that the reality of the situation was that the drivers were incorporated into the Uber business of providing transportation services, subject to arrangements and controls that pointed away from their working in business on their own account in a direct contractual relationship with the passenger each time they accepted a trip. Having thus determined the true nature of the parties’ bargain, the ET had permissibly rejected the label of agency used in the written contractual documentation. The ET had not thereby disregarded the principles of agency law but had been entitled to consider the true agreement between the parties was not one in which ULL acted as the drivers’ agent.

In carrying out its assessment in this regard, the ET was not obliged to disregard factors simply because they might be seen as arising from the relevant regulatory regime; that was part of the overall factual matrix the ET had to consider. In any event, in this case, the ET’s findings on control were not limited to matters arising merely as a result of regulation.

In considering the ET’s findings, it was necessary to have regard to its Judgment as a whole. Doing so, it was apparent that they were neither inconsistent nor perverse. In particular, the ET had permissibly concluded there were obligations upon Uber drivers that they should accept trips offered by ULL and that they should not cancel trips once accepted (there being potential penalties for doing so). It was, further, no objection that the ET’s approach required the drivers not only to be in the relevant territory, with the app switched on, but also to be ‘able and willing to accept assignments’; that was consistent with Uber’s own description of a driver’s obligation when ‘on-duty’. These findings had informed the ET’s conclusions not just on worker status but also on working time and as to the approach to be taken to their rights to minimum wage. Inevitably the assessment it had carried out was fact- and context-specific. To the extent that drivers, in between accepting trips for ULL, might hold themselves out as available to other PHV operators, the same analysis might not apply; hence the ET’s observation that it would be a matter of evidence in each case whether and for how long a driver remained ready and willing to accept trips for ULL.

Eady QC HHJ
[2017] UKEAT 0056 – 17 – 1011, [2017] WLR(D) 809, [2018] IRLR 97, [2018] ICR 453, [2018] RTR 14
Bailii, WLRD
Employment Rights Act 1996 230(3)(b), Working Time Regulations 1998 36(1), National Minimum Wage Act 1998 54(3)
England and Wales
Citing:
CitedAutoclenz Ltd v Belcher and Others SC 27-Jul-2011
Car Cleaning nil-hours Contractors were Workers
The company contracted with the claimants to work cleaning cars. The company appealed against a finding that contrary to the explicit provisions of the contracts, they were workers within the Regulations and entitled to holiday pay and associated . .
CitedRevenue and Customs v Secret Hotels2 Ltd SC 5-Mar-2014
The Court was asked as to: ‘the liability for Value Added Tax of a company which markets and arranges holiday accommodation through an on-line website. The outcome turns on the appropriate characterisation of the relationship between the company, . .

Cited by:
Appeal fromUber Bv and Others v Aslam and Others CA 19-Dec-2018
Uber drivers are workers
The claimant Uber drivers sought the status of workers, allowing them to claim the associated statutory employment benefits. The company now appealed from a finding that they were workers.
Held: The appeal failed (Underhill LJ dissenting) The . .
At EATUber Bv and Others v Aslam and Others SC 19-Feb-2021
Smartphone App Contractors were as Workers
The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual . .

Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 10 November 2021; Ref: scu.601923

Z, Re (Recognition of Foreign Order): FD 8 Apr 2016

The court considered the exercise of the court’s powers under the inherent jurisdiction to recognise and enforce orders concerning the medical treatment of children made by courts of another member state of the European Union.
Held: The orders made by the Irish court were to stand as orders of the High Court of England and Wales

Baker J
[2016] EWHC 784 (Fam), [2016] WLR(D) 178, [2016] 3 WLR 791, [2016] Fam 375, [2016] Fam Law 684, [2017] 1 FLR 1236
Bailii, WLRD
England and Wales

Children, European, Health

Updated: 10 November 2021; Ref: scu.562141

Air France Sa v Heinz-Gerke Folkerts: ECJ 26 Feb 2013

airfrance_folkertsECJ2013

ECJ (Grand Chamber) Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Articles 6 and 7 – Connecting flight(s) – Delay in arrival at the final destination – Delay equal to or in excess of three hours – A passenger’s right to compensation

V Skouris, P
C-11/11, [2013] EUECJ C-11/11
Bailii
Regulation (EC) No 261/2004 6 7

European, Transport, Consumer

Leading Case

Updated: 10 November 2021; Ref: scu.471208

Citroen Commerce GmbH v Zentralvereinigung des Kraftfahrzeuggewerbes zur Aufrechterhaltung lauteren Wettbewerbs eV: ECJ 7 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Directives 98/6/EC and 2005/29/EC – Consumer protection – Advertisement containing an indication of price – Concepts of ‘offer’ and ‘price inclusive of taxes’ – Obligation to include in the price of a motor vehicle the additional costs necessarily incurred in connection with the transfer of the vehicle)

L. Bay Larsen, P
ECLI:EU:C:2016:527, [2016] EUECJ C-476/14
Bailii

European, Consumer, Media

Updated: 10 November 2021; Ref: scu.566723

Kaczmarek v Secretary of State for Work and Pensions: CA 27 Nov 2008

The claimant entered the UK as a student coming from Poland. She then worked as a kitchen maid, but having left that job on becoming a mother was refused income support. She later returned to work. She said that the rules which denied her benefit were inconsistent with articles 12 (discrimination on the grounds of nationality) and 18 (free movement of workers) of the Treaty, relying on Trajani.
Held: The appeal failed. Abdirahman could not be said to be per incuriam so as to allow the applicant to rely on article 12. Nor could article 18 be read to include a class or workers who had been explicitly excluded.
Maurice Kay LJ said that if a citizen of one Member State who is lawfully present in another Member State can, without difficulty and whilst economically inactive, access the social security benefits of the host State, the implications for the more prosperous Member States with more generous social security provisions are obvious. The rules that regulation 2 of the 2002 Regulations lays down are intended to meet this problem. There are various ways in which the pre-condition for entitlement can be achieved under its provisions. They are not exclusively dependent on the nationality of the persons concerned.

Sir Anthony Clarke MR, Maurice Kay LJ, Stanley Burnton LJ
[2008] EWCA Civ 1310, Times 04-Dec-2008, [2009] Eu LR 402, [2009] 2 CMLR 85, [2009] PTSR 897, [2009] 2 CMLR 3
Bailii
Income Support (General) Regulations 1987, Immigration (European Economic Area) Regulations 2000, EU Treaty 12 18
England and Wales
Citing:
CitedAbdirahman v Secretary of State for Work and Pensions CA 5-Jul-2007
The appellants were economically inactive EEA nationals who were lawfully present in the UK and who appealed against refusal of their claims for social security benefits under Articles 12 18.
Held: The appeal failed. For Art 12, the benefits . .
CitedBaumbast and Another v Secretary of State for the Home Department ECJ 17-Sep-2002
The first applicant, his wife and her children had been granted leave to stay in the UK. At the time the leave was withdrawn the children were settled in schools, and were granted indefinite leave. The second applicant was the mother of children who . .
CitedMartinez Sala v Freistaat Bayern ECJ 12-May-1998
ECJ A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which . .
CitedGrzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve ECJ 20-Sep-2001
ECJ Reference for a preliminary ruling: Tribunal du travail de Nivelles – Belgium. Articles 6, 8 and 8a of the EC Treaty (now, after amendment, Articles 12 EC, 17 EC and 18 EC) – Council Directive 93/96/EEC – . .
CitedTrojani v Centre public d’aide sociale de Bruxelles (CPAS) ECJ 7-Sep-2004
EAT Freedom of movement of persons – Citizenship of the European Union – Right of residence – Directive 90/364/EEC – Limitations and conditions – Person working in a hostel in return for benefits in kind – . .

Cited by:
CitedPatmalniece v Secretary of State for Work and Pensions SC 16-Mar-2011
The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK.
Held: The appeal failed (Majority). The conditions imposed by the Regulations . .

Lists of cited by and citing cases may be incomplete.

European, Benefits

Updated: 10 November 2021; Ref: scu.278300

Pfeiffer v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (1): ECJ 5 Oct 2004

pfeiffer_deutchesrotesreuzECJ102004

ECJ Reference for a preliminary ruling: Arbeitsgericht Lorrach – Germany. Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red Cross – Definition of ‘road transport’ – Maximum weekly working time – Principle – Direct effect – Derogation – Conditions
A National Court, when applying domestic law and in particular legislative provisions specifically adopted for the purposes of implementing the requirements of a Directive, is bound to interpret national law, as far as possible, in the light of the wording and the purpose of the Directive concerned in order to achieve the result sought by the Directive. It is the responsibility of the National Court to ensure that the rules of Community law are fully effective.
Europa Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red Cross – Definition of – road transport – Maximum weekly working time – Principle – Direct effect – Derogation – Conditions.

C-399/01, [2004] EUECJ C-399/01, C-401/01, [2004] EUECJ C-401/01, [2004] EUECJ C-403/01, C-397/01, C-398/01, C-402/01, C-403/01, C-400/01, [2005] IRLR 137, [2004] ECR 8835, [2005] ICR 1307, [2004] ECR I-8835
Bailii, Bailii, Bailii
Directive 93/104/EC
Citing:
ApprovedLandeshauptstadt Kiel v Norbert Jaeger ECJ 9-Sep-2003
Concepts of working time and rest period – On Call
ECJ Reference for a preliminary ruling: Landesarbeitsgericht Schleswig-Holstein – Germany. Social policy – Protection of the safety and health of workers – Directive 93/104/EC – Concepts of working time and rest . .

Cited by:
CitedGreenalls Management Ltd v Customs and Excise HL 12-May-2005
Volumes of vodka were transferred from a secure warehouse to a carrier for export. They were diverted, and not exported and the Customs sought the unpaid duty from the warehouse. The Directive provided that duty was payable on the ‘release for . .
CitedAttridge Law (A Firm of Solicitors) v Coleman and Law EAT 20-Dec-2006
The claimant asserted associative disability discrimination. She was the carer for her disabled son.
Held: To succeed the claimant would have to show that associative discrimination was prohibited by the directive and that the 1995 Act could . .
CitedEnglish v Thomas Sanderson Ltd CA 19-Dec-2008
The claimant appealed dismissal of his claim for harrassment and sex discrimination. Though heterosexual, he had been subject to persistent jokes that he was homosexual. The court first asked whether the alleged conduct was ‘on the grounds of sexual . .
CitedBritish Airways Plc v Williams and Others SC 24-Mar-2010
The court was asked as to the calculation of annual leave pay for crew members in civil aviation under the Regulations. The company argued that it was based on the fixed annual remuneration, and the pilots argued that it should include other . .
CitedO’Brien v Ministry of Justice SC 28-Jul-2010
The appellant had worked as a part time judge. He now said that he should be entitled to a judicial pension on retirement by means of the Framework Directive. The Regulations disapplied the provisions protecting part time workers for judicial office . .
CitedTwentieth Century Fox Film Corp and Others v British Telecommunications Plc ChD 28-Jul-2011
The claimant rights holders sought an order to require the defendant broadband internet provider to deny access to its users to websites which were said to facilitate the distribution of infringing copies of their films. An earlier judgment had . .
CitedForensic Telecommunications Services Ltd v West Yorkshire Police and Another ChD 9-Nov-2011
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones.
Held: ‘the present case is concerned with a collection . .
CitedBritish Airways Plc v Williams and Others SC 17-Oct-2012
The claimants, airline pilots, and the company disputed the application of the 1998 Regulations to their employment. They sought pay for their annual leave made up of three elements: a proportionate part of the fixed annual sum paid for their . .

Lists of cited by and citing cases may be incomplete.

European, European, Health and Safety, Transport, Employment, Health and Safety

Leading Case

Updated: 10 November 2021; Ref: scu.215895

Axel Kittel v Belgian State; Belgian State v Recolta Recycling SPRL: ECJ 6 Jul 2006

ECJ Sixth VAT Directive – Deduction of input tax – ‘Carousel’ fraud – Contract of sale incurably void under domestic law.
The right of a taxpayer to deduct Input Tax may be refused if: ‘it is ascertained, having regard to objective factors, that the taxable person knew or should have known that, by his purchase, he was participating in a transaction connected with fraudulent evasion of VAT.’
Where it is ascertained, having regard to objective factors, that a recipient of a supply of goods is a taxable person who knew or should have known that, by his purchase, he was participating in a transaction connected with fraudulent evasion of VAT, it is for the national court to refuse that taxable person entitlement to the right to deduct VAT he has paid: ‘an analysis of the terms ‘supply of goods effected by a taxable person acting as such’ and ‘economic activities’ shows that those terms, which define taxable transactions for the purposes of the Sixth Directive, are objective in nature and apply without regard to the purpose or results of the transactions concerned (see, to that effect, Joined Cases C-354/03, C-355/03 and C-484/03 Optigen [2006] Ch 218, paras. 43 and 44).
traders who take every precaution which could reasonably be required of them to ensure that their transactions are not connected with fraud . . must be able to rely on the legality of those transactions without the risk of losing their right to deduct the input VAT (see, to that effect, Case C-384/04 Federation of Technological Industries [2006] STC 1483, para. 33).
By contrast, the objective criteria which form the basis of the concepts of ‘supply of goods effected by a taxable person acting as such’ and ‘economic activity’ are not met where tax is evaded by the taxable person himself (see Case C-255/02 Halifax and Others [2006] Ch 387, paras. 59).
Where the tax authorities find that the right to deduct has been exercised fraudulently, they are permitted to claim repayment of the deducted sums retroactively (see, inter alia, Case 268/83 Rompelman [1985] 2 CMLR 202, para. 24; Case C-110/94 INZO [1996] STC 569, para. 24; and Joined Cases C-110/98 to C-147/98 Gabalfrisa [2002] STC 535, para. 46) . .
a taxable person who knew or should have known that, by his purchase, he was taking part in a transaction connected with fraudulent evasion of VAT must, for the purposes of the Sixth Directive, be regarded as a participant in that fraud, irrespective of whether or not he profited by the resale of the goods.
That is because in such a situation the taxable person aids the perpetrators of the fraud and becomes their accomplice.
In addition, such an interpretation, by making it more difficult to carry out fraudulent transactions, is apt to prevent them.
Therefore, it is for the referring court to refuse entitlement to the right to deduct where it is ascertained, having regard to objective factors, that the taxable person knew or should have known that, by his purchase, he was participating in a transaction connected with fraudulent evasion of VAT, and to do so even where the transaction in question meets the objective criteria which form the basis of the concepts of ‘supply of goods effected by a taxable person acting as such’ and ‘economic activity”

C-439/04, [2006] EUECJ C-439/04
Bailii
European
Citing:
See AlsoAxel Kittel v Belgian State; Belgian State v Recolta Recycling SPRL C-440/04 ECJ 6-Jul-2006
ECJ Sixth VAT Directive – Deduction of input tax – ‘Carousel’ fraud – Contract of sale incurably void under domestic law. . .

Cited by:
CitedMobilx Ltd and Others v HM Revenue and Customs; Blue Sphere Global Ltd v Same and similar CA 12-May-2010
Each company sought repayment of input VAT. HMRC refused, saying that the transactions were the end-product of a fraud on it, and that even if the taxpayer did not know that a fraud was involved, it should have been aware that one was and acted . .
CitedRevenue and Customs v SED Essex Ltd ChD 14-Jun-2013
Liquidator confirmed despite VAT challege
The Revenue sought the winding up of the company for non-payment of substantial arrears of VAT. The revenue had declined to allow VAT input claims. The company said that the petition was wrong since the debt was genuinely disputed.
Held: The . .
CitedElse Refining and Recycling Ltd v Revenue and Customs FTTTx 23-Jul-2012
VALUE ADDED TAX – MTIC – HMRC’s refusal to repay VAT on supplies connected with fraudulent VAT evasion – connection conceded by the appellant – only issues were whether the appellant knew or should have known of the connection – Axel Kittel v . .
CitedMicroring Ltd v Revenue and Customs (Value Added Tax – Kittel Denial of Input Tax) FTTTx 12-Jul-2019
VALUE ADDED TAX — Kittel denial of input tax – strike out applications – whether issue estoppel applies – no – whether HMRC should be barred from part of the proceedings – no – – whether Appellant’s appeal should be struck out in part – no – . .

Lists of cited by and citing cases may be incomplete.

VAT

Leading Case

Updated: 10 November 2021; Ref: scu.243021

Grant v South West Trains Ltd: ECJ 17 Feb 1998

A company’s ban on the provision of travel perks to same sex partners of employees did not constitute breach of European sex discrimination law. An employer’s policy was not necessarily to be incorporated into the contract of employment. The court said that since the rule applied equally to male and female employees it was not discriminatory on grounds of ‘sex’ narrowly understood. The Court then considered whether ‘persons who have a stable relationship with a partner of the same sex are in the same situation as those who are married or have a stable relationship outside marriage with a partner of the opposite sex’. The European Parliament, although deploring all forms of discrimination based on sexual orientation, had not yet introduced measures to support that view; and that the laws of the member states only gave limited protection to such a relationship. So far as the European Commission on Human Rights was concerned, national provisions which, for the purpose of protecting the family, accord more favourable treatment to married persons and persons of the opposite sex living together as man and wife than to persons of the same sex in a stable relationship are not contrary to article 14 of the Convention which prohibits, inter alia, discrimination on the ground of sex. Stable relationships between two persons of the same sex are not regarded as equivalent to marriages and stable relationships outside marriage between persons of opposite sex. Consequently, an employer is not required by Community law to treat the situation of a person who has a stable relationship with a partner of the same sex as equivalent to that of a person who is married to or has a stable relationship outside marriage with a partner of the opposite sex.

Times 23-Feb-1998, Gazette 24-Jun-1998, [1998] IRLR 188, C-249/96, [1998] ICR 449, [1998] 3 BHRC 578, [1998] EUECJ C-249/96
Bailii
Council Directive 75/117/EEC, EC Treaty 119
Citing:
CitedS v United Kingdom ECHR 1986
The applicant was not entitled in domestic law to succeed to a tenancy on the death of her partner. The aim of the legislation is question was to protect the family, a goal similar to the protection of the right to respect for family life guaranteed . .

Cited by:
CitedMacDonald v Advocate General for Scotland (Scotland); Pearce v Governing Body of Mayfield School HL 19-Jun-2003
Three appeals raised issues about the way in which sex discrimination laws were to be applied for cases involving sexual orientation.
Held: The court should start by asking what gave rise to the act complained of. In this case it was the . .
CitedRegina (Amicus etc) v Secretary of State for Trade and Industry Admn 26-Apr-2004
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers.
Held: . .
CitedFitzpatrick v Sterling Housing Association Ltd HL 28-Oct-1999
Same Sex Paartner to Inherit as Family Member
The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as . .
CitedPearce v Mayfield School CA 31-Jul-2001
The claimant teacher was a lesbian. She complained that her school in failed to protect her against abuse from pupils for her lesbianism. She appealed against a decision that the acts of the pupils did not amount to discrimination, and that the . .

Lists of cited by and citing cases may be incomplete.

Discrimination, European

Leading Case

Updated: 10 November 2021; Ref: scu.161917

Leonesio v Ministero Della Agricoltura E Foreste: ECJ 17 May 1972

leonisioECJ197205

ECJ Measures Adopted By An Institution – 1. A community regulation has direct effect and is, as such, capable of creating individual rights which national courts must protect.
Pecuniary rights against the state, conferred by such a regulation, arise when the conditions set out in the regulation are complied with and it is not possible at a national level to render the exercise of them subject to implementing provisions other than those which might be required by the regulation itself.
2. So as to apply with equal force with regard to nationals of all the member states, community regulations become part of the legal system applicable within the national territory, which must permit the direct effect provided for in article 189 to operate in such a way that reliance thereon by individuals may not be frustrated by domestic provisions or practices.
Budgetary provisions of a member state cannot therefore hinder the direct applicability of the community provision and consequently of the exercise of individual rights created by such a provision.
3. Once all the conditions laid down in regulations nos 1975/69 and 2195/69 were fulfilled, those regulations conferred on farmers a right, which national courts must protect, to payment of the slaughtering subsidy by the member state to which they belonged; such rights could be exercised in each case at the end of the period of two months following the establishment of the proof of slaughter as provided in article 10 of regulation no 2195/69. As from that time, the abovementioned regulations give the farmer the right to require payment of the subsidy without that member state’ s being able to rely on arguments based on any legislative provisions or administrative practices to withhold such payment.

[1972] ECR 287, R-93/71, [1972] EUECJ R-93/71
Bailii

European, Constitutional

Leading Case

Updated: 10 November 2021; Ref: scu.214165

Williams And Others v British Airways Plc: ECJ 15 Sep 2011

ECJ Working conditions – Directive 2003/88/EC – Organisation of working time – Right to annual leave – Airline pilots
ECJ Article 7 of Directive 2003/88/EC and clause 3 of the European Agreement: ‘must be interpreted as meaning that an airline pilot is entitled, during his annual leave, not only to the maintenance of his basic salary, but also, first, to all the components intrinsically linked to the performance of the tasks which he is required to carry out under his contract of employment and in respect of which a monetary amount, included in the calculation of his total remuneration, is provided and, second, to all the elements relating to his personal and professional status as an airline pilot. It is for the national court to assess whether the various components comprising that worker’s total remuneration meet those criteria.’

A. Tizzano, P
[2011] EUECJ C-155/10, C-155/10, [2012] CEC 118, [2012] 1 CMLR 23, [2012] ICR 847, [2011] IRLR 948
Bailii
Directive 2003/88/EC, Directive 93/104/EC
European
Citing:
OpinionWilliams And Others v British Airways Plc ECJ 16-Jun-2011
ECJ (Opinion) Working conditions – Organisation of working time – Article 7 of Directive 2003/88/EC – Right to paid annual leave – Extent of the obligations provided for by that directive in respect of the nature . .
ReferenceBritish Airways Plc v Williams and Others SC 24-Mar-2010
The court was asked as to the calculation of annual leave pay for crew members in civil aviation under the Regulations. The company argued that it was based on the fixed annual remuneration, and the pilots argued that it should include other . .

Cited by:
CitedBear Scotland Limited v Fulton, and similar EAT 4-Nov-2014
EAT WORKING TIME REGULATIONS: HOLIDAY PAY – DAMAGES FOR BREACH OF CONTRACT – UNLAWFUL DEDUCTION FROM WAGES
The EAT held that Article 7 of the Working Time Directive is to be interpreted such that payments . .

Lists of cited by and citing cases may be incomplete.

European, Employment

Leading Case

Updated: 09 November 2021; Ref: scu.466926

Banif Plus Bank Zrt v Csipai: ECJ 21 Feb 2013

barif_csipaoECJ2013

ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Examination by the national court, of its own motion, as to whether a term is unfair – Obligation on the national court, once it has found, of its own motion, that a term is unfair, to invite the parties to submit their observations before drawing conclusions from that finding – Contractual terms to be taken into account in the assessment of that unfairness

A. Tizzano, P
C-472/11, [2013] EUECJ C-472/11
Bailii
Directive 93/13/EEC

European, Contract, Consumer

Leading Case

Updated: 09 November 2021; Ref: scu.471210

Levez v T H Jennings (Harlow Pools) Ltd: ECJ 1 Dec 1998

Regulations debarred a claim after a certain time even where the delay had been because of a deliberate concealment of information by an employer.
Held: Availability of other means of redress was not sufficient to displace this rule.
Advocate General Leger said: ‘an action brought under the Equal Pay Act and an action brought under Article [141] of the Treaty are not merely similar, as the United Kingdom Government maintains: their scope is identical, that is to say, they amount to one and the same form of action.’
ECJ Social policy – Men and women – Equal pay – Article 119 of the EC Treaty – Directive 75/117/EEC – Remedies for breach of the prohibition on discrimination – Pay arrears – Domestic legislation placing a two-year limit on awards for the period prior to the institution of proceedings – Similar domestic actions.

Advocate General Leger
Times 10-Dec-1998, C-326/96, [1999] All ER (EC) 1, [1998] EUECJ C-326/96, [1999] CEC 3, [1998] ECR I-7835, [1999] 2 CMLR 363, [1999] ICR 521, [1999] IRLR 36
Bailii
European
Citing:
Reference fromLevez v T H Jennings (Harlow Pools) Ltd EAT 6-Nov-1996
. .
See AlsoLevez v T H Jennings (Harlow Pools) Ltd EAT 11-Oct-1996
A party sought to be joined to the case order to appeal it to the Curt of Appeal, and in turn to the European Court of Justice to challenge implementation of a European directive.
Held: Leave to join refused, but leave allowed to appeal . .

Cited by:
CitedPreston and Others v Wolverhampton Healthcare NHS and Others; Fletcher and Others v Midland Bank Plc HL 26-Feb-1998
‘Employment’ in context of a sex discrimination claim referred to a current employment contract even in context of there having been a series of repeated contracts of employment. The question was referred to the European Court of Justice. . .
At ECJLevez etc v T H Jennings (Harlow Pools) Ltd (No 2) EAT 1-Oct-1999
The restriction on the awards of compensation for sex discrimination to payments in respect of a period of two years prior to the claim was unlawful. Claims of other natures were not so limited, and this could not be supported, since it was in . .
CitedAlabaster v Barclays Bank Plc and Another CA 3-May-2005
The claimant sought increased maternity pay. Before beginning her maternity leave she had been awarded a pay increase, but it was not backdated so as to affect the period upon which the calculation of her average pay was based. The court made a . .
CitedSlack and Others v Cumbria County Council and Another CA 3-Apr-2009
The court was asked when the six month’s limit for beginning equal pay proceedings began. The new section 2ZA set the qualifying date as ‘the date falling six months after the last day on which the woman was employed in the employment.’ The problem . .
CitedUnison, Regina (on The Application of) v The Lord Chancellor and Another Admn 7-Feb-2014
The claimant challenged the Regulations and Orders charging for the laying of complaints at Employment Tribunals, saying they were mistaken and discriminatory.
Held: The challenge failed. The new Order was not in breach of European Union . .
CitedTotel Ltd v Revenue and Customs SC 26-Jul-2018
The taxpayer challenged the ‘pay first’ rule under VAT which required them, before challenging a VAT assessment, first to deposit the VAT said to be due under the assessment.
Held: The appeal failed. There had not been shown any true . .

Lists of cited by and citing cases may be incomplete.

Discrimination

Leading Case

Updated: 09 November 2021; Ref: scu.161962

Parliament v Council C-263/14: ECJ 14 Jun 2016

ECJ (Judgment) Action for annulment – Common foreign and security policy (CFSP) -Decision 2014/198/CFSP – Agreement between the European Union and the United Republic of Tanzania on the conditions of transfer of suspected pirates and associated seized property from the European Union-led naval force to the United Republic of Tanzania – Choice of legal basis – Obligation to inform the European Parliament immediately and fully at all stages of the procedure of negotiation and conclusion of international agreements – Maintenance of the effects of the decision in the event of annulment

[2016] WLR(D) 307, ECLI:EU:C:2016:435, [2016] EUECJ C-263/14
WLRD, Bailii
Decision 2014/198/CFSP

European, Crime

Updated: 09 November 2021; Ref: scu.565626

USDAW And Wilson v WW Realisation 1 Ltd, in liquidation: ECJ 30 Apr 2015

ECJ (Judgment) Reference for a preliminary ruling – Social policy – Collective redundancies – Directive 98/59/EC – Article 1(1)(a) – Meaning of ‘establishment’ – Method of calculating the number of workers made redundant

T von Danwitz, P
C-80/14, [2015] EUECJ C-80/14, ECLI:EU:C:2015:291
Bailii
Directive 98/59/EC 1(1)(a)
European

Employment, Insolvency

Updated: 09 November 2021; Ref: scu.546229

Rutten v Cross Medical: ECJ 9 Jan 1997

rutten_crossECJ1997

ECJ Convention on Jurisdiction and the Enforcement of Judgments – Special jurisdiction – Court for the place of performance of the contractual obligation – Contract of employment – Place where the employee habitually carries out his work – Meaning – Work carried out in more than one Contracting State
(Brussels Convention of 27 September 1968, Art. 5(1), as amended by the 1989 Accession Convention)
Article 5(1) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, as amended by the Convention of 26 May 1989 on the Accession of the Kingdom of Spain and the Portuguese Republic, must be interpreted as meaning that where, in the performance of a contract of employment, an employee carries out his work in several Contracting States, the place where he habitually carries out his work, within the meaning of that provision, is the place where he has established the effective centre of his working activities. When identifying that place, it is necessary to take into account the fact that the employee spends most of his working time in one of the Contracting States in which he has an office where he organizes his activities for his employer and to which he returns after each business trip abroad.

Times 27-Jan-1997, [1997] ILPr 199, [1997] ECR I-57, C-383/95, [1997] EUECJ C-383/95, [1997] IRLR 249,, [1997] ICR 715, [1997] All ER (EC) 121
Bailii
Brussels Convention 1968 5(1)

European, Employment

Leading Case

Updated: 09 November 2021; Ref: scu.161738

Nikolajeva v Multi Protect OU: ECJ 22 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – EU trade mark – Regulation (EC) No 207/2009 – Article 9(3) and Article 102(1) – Obligation on an EU trade mark court to issue an order prohibiting a third party from proceeding with acts of infringement – No application seeking such an order – Concept of ‘special reasons’ for not ordering such a prohibition – Concept of ‘reasonable compensation’ in respect of acts occurring after publication of an application for registration of an EU trade mark and before publication of the registration of the trade mark

ECLI:EU:C:2016:467, [2016] EUECJ C-280/15
Bailii
Regulation (EC) No 207/2009 993) 102(1)

European, Intellectual Property

Updated: 09 November 2021; Ref: scu.565861

Commission v Thales Developpement And Cooperation: ECFI 12 Jul 2016

ECJ (Judgment) Arbitration clause – Fourth and fifth framework programs for research, technological development and demonstration – Contracts involving projects for the design and development direct methanol fuel cells – contracts void for fraud – Reimbursement financial interests of the Union – Regulation (EC, Euratom) No 2988/95 – Limitation period – Application of French and Belgian rights – rights of the defense – Interest

H. Kanninen, P
ECLI:EU:T:2016:403, [2016] EUECJ T-326/13
Bailii

European, Arbitration

Updated: 09 November 2021; Ref: scu.566855

Content Services Ltd v Bundesarbeitskammer: ECJ 6 Mar 2012

Content_serviceECJ0312

ECJ Opinion – Consumer protection – Distance contracts – Directive 97/7/EC – Article 5 – Information that the consumer must ‘receive’ in a ‘durable medium’ – Information available on a website which the consumer can access via a hyperlink

Mengozzi AG
C-49/11, [2012] EUECJ C-49/11
Bailii
Directive 97/7/EC
Cited by:
OpinionContent Services Ltd v Bundesarbeitskammer ECJ 5-Jul-2012
ECJ Reference for a preliminary ruling – Directive 97/7/EC – Consumer protection – Distance contracts – Consumer information – Information given or received – Durable medium – Meaning – Hyperlink on the website . .

Lists of cited by and citing cases may be incomplete.

European, Consumer

Leading Case

Updated: 09 November 2021; Ref: scu.463186

HP Bulmer Ltd and Another v J Bollinger Sa and others: CA 22 May 1974

Necessity for Reference to ECJ

Lord Denning said that the test for whether a question should be referred to the European Court of Justice is one of necessity, not desirability or convenience. There are cases where the point, if decided one way, would shorten the trial greatly. But if decided the other way, it would mean that the trial would have to go its full length. It would not in those circumstances be ‘necessary’ for a preliminary ruling to be sought. When the facts are investigated, it might turn out to have been quite unnecessary. For this reason, Lord Denning concluded that as a rule it is only after the facts are ascertained that a determination can be made that a reference is necessary.
Denning described the effect of the EC Treaty: ‘The first and fundamental point is that the Treaty concerns only those matters which have a European element, that is to say, matters which affect people or property in the nine countries of the Common Market besides ourselves. The Treaty does not touch any of the matters which concern solely the mainland of England and the people in it. These are still governed by English law. They are not affected by the Treaty. But when we come to matters with a European element, the Treaty is like an incoming tide. It flows into the estuaries and up the rivers. It cannot be held back. Parliament has decreed that the Treaty is henceforward to be part of our law. It is equal in force to any statute.’
. . And: ‘ In the task of interpreting the Treaty, the English Judges are no longer the final authority. They no longer carry the law in their breasts. They are no longer in a position to give rulings which are of binding force. The supreme tribunal for interpreting the Treaty is the European Court of Justice, at Luxembourg. Our Parliament has so decreed.’
Stephenson LJ discussed article 177 saying: ‘(i) The rulings which the European Court has jurisdiction to give under Article 177(1) are not strictly ‘preliminary’. They do not have to be given ‘in limine’ before the Court of the Member State crosses the threshold and begins to hear a dispute, but they can be given at any time before the Court finishes hearing the dispute by giving judgment. The ruling is in that sense ‘prejudicial’, not necessarily preliminary, though it may be.
(ii) Article 177(2) confers a power, whereas Article 177(3) imposes an obligation. A lower Court of a Member State ‘may’ request a ruling, a final Court ‘shall’. The contrast in the language is as clear as in the section of the English statute which this Court construed in Re Baker (1890) 44 Ch. Div. 262, and has the same effect: the lower Court is trusted with a discretion, the final Court is not. All attempts to blur the distinction between the power of the one and the duty of the other when a question is raised under Article 177(1) break down on the different wording of Article 177(2) and (3). Section 2(1) of the European Communities Act 1972 distinguishes powers from obligations, and so by this wording does Article 177, by whatever canon of construction it is interpreted. The European Court has always recognised that distinction; e.g. in Da Costa en Schaake N.V. and Others v. Nederlande Belasting -administratie (1963) 2 C.M.L.R. 224, 237; and has recently emphasised it and described the power given to the national Courts by Article 177(2) as conferring on them ‘the widest discretion’, which no domestic Court of Appeal can fetter: Firma Rheinmuhlen Dusseldorf v. Enfuhr und Vorratsstelle fur Getreide und Futtermittal, case 166/73 shortly reported in The Times Newspaper of 16th February 1974; to which my Lord has already referred,
(iii) The only questions which the Courts of a Member State can, or in some cases must, refer to the European Court are questions of law within Article 177(1) on which decisions are necessary to enable them to give judgment. If they consider that they can give judgment in the dispute in which the question is raised without deciding the question, they need not and indeed must not trouble the European Court by requesting a ruling or bringing the matter before it. Section 3(1) of the 1972 Act recognises that questions within Article 177(1) are questions of law and may be for determination by our Courts without referring them to the European Court. That is how the Courts of Member States have rightly proceeded, including English Judges, Mr. Justice Whitford among them: Lerose Ltd. v. Hawick Jersey International Ltd. (1972) 12 C.M.L.R. 83.’

Lord Denning MR, Stamp, Stephenson LJJ
[1974] EWCA Civ 14, [1974] 2 All ER 1226, [1974] 3 WLR 202, [1974] Ch 401
Bailii
Regulation 816/76 30, Regulation 817/70 12, European Community Act 1972 2(1) 83, Treaty of Rome 177
England and Wales
Citing:
CitedVine Products Ltd v Mackenzie and Co Ltd (the Sherry Case) ChD 1969
Assorted sherry producers and shippers to write to producers and importers of ‘British Sherry’ asking them to stop using the word ‘sherry’ other than in relation to wines emanating from the Jerez district of Spain. Those producers and importers to . .
CitedBollinger v Costa Brava Wine Co Ltd 1960
Intruders into the market brought into England a wine somewhat similar to Champagne. It had been produced in the Costa Brava district of Spain. They marketed it under the name ‘Spanish Champagne’. The French growers and shippers brought an action to . .
CitedJohn Walker and Sons Ltd v Henry Ost and Co Ltd ChD 1970
The plaintiff whisky distiller claimed in passing-off against the defendant who supplied bottles and labels to a distiller in Ecuador.
Held: An injunction was granted. Having cited from Singer v Loog, the court added: ‘I would be slow to . .
CitedDa Costa En Schaake Nv, Jacob Meijer Nv, Hoechst-Holland Nv v Netherlands Inland Revenue Administration ECJ 27-Mar-1963
ECJ (Preliminary Ruling ) 1. The obligation imposed by the third paragraph of article 177 of the EEC Treaty upon national courts or tribunals of last instance may be deprived of its purpose by reason of the . .
CitedVan Gend En Loos v Administratie Der Belastingen ECJ 5-Feb-1963
LMA The Dutch customs authorities had introduced an import charge in breach of Art.12 [Art.25] EC. This Article prohibits MS from introducing between themselves any new customs duties on imports or exports or any . .
CitedHessische Knappschaft v Maison Singer And Sons ECJ 9-Dec-1965
Procedure – 1. Since the right to determine the questions to be brought before the court devolves upon the court or tribunal of the member state alone, the parties may not change their tenor or have them declared to be without purpose.
2. The . .
CitedFratelli Grassi Fu Davide v Italian Finance Administration. (Questions Referred To The Court For A Preliminary Ruling) ECJ 15-Jun-1972
ECJ According to article 177 of the Treaty it is for the national court and not the parties to the main action to bring a matter before the court of justice.
Since the power to formulate the questions to be . .

Cited by:
CitedCommissioners of Customs and Excise v Aps Samex 1983
It is generally right for the court to find the facts before referring questions of law to the European Court of Justice.
Bingham J restated the four requirement sfor a reference set out in Bulmer, saying: ‘(1) Will the point be substantially . .
CitedFisher and Others v Revenue and Customs FTTTx 14-Aug-2014
FTTTx Income Tax – Anti-avoidance – transfer of assets abroad code – s739 ICTA 1988 – appellants were shareholders in UK bookmaker which transferred its telebetting business to Gibraltar – purpose of avoiding . .
AppliedCoast Telecom Ltd v Revenue and Customs FTTTx 11-Apr-2012
Procedure – application for stay pending determination of references to CJEU – whether First-tier Tribunal bound by Mobilx – yes – whether determination of references would materially assist determination of appeal – no – whether expedient to order . .
CitedThe Number (UK) Ltd and Another v Office of Communications CAT 24-Nov-2008
. .
CitedVehicle and Operator Services Agency v Jones (Nell) Admn 5-Oct-2005
The Agency appealed against dismissal of its allegation that the defendant had wrongfully withdrawn his tachograph record. He had lifted the top of the tachograph which had the effect if disengaging the marker without actually removing the record . .
CitedFage UK Ltd and Another v Chobani UK Ltd and Another CA 28-Jan-2014
Lewison LJ said: ‘Appellate courts have been repeatedly warned, by recent cases at the highest level, not to interfere with findings of fact by trial judges, unless compelled to do so. This applies not only to findings of primary fact, but also to . .

Lists of cited by and citing cases may be incomplete.

European, Intellectual Property, Constitutional

Leading Case

Updated: 09 November 2021; Ref: scu.262729

DK Recycling und Roheisen v Commission: ECJ 22 Jun 2016

(Judgment) Appeal – Environment – Directive 2003/87/EC – Article 10a – Scheme for greenhouse gas emission allowance trading – Transitional rules for harmonised free allocation of emission allowances from 2013 – Decision 2011/278/EU – National implementation measures submitted by the Federal Republic of Germany – Rejection of the inscription of certain installations on the lists of installations receiving free allocations of emission allowances – Provision relating to cases of ‘undue hardship’ – Implementing powers of the Commission

ECLI:EU:C:2016:469, [2016] EUECJ C-540/14
Bailii
Directive 2003/87/EC

European, Environment

Updated: 09 November 2021; Ref: scu.565857

Commission v United Kingdom C-308/14: ECJ 14 Jun 2016

ECJ (Judgment) Failure of a Member State to fulfil obligations – Coordination of social security systems – Regulation (EC) No 883/2004 – Article 4 – Equal treatment as regards access to social security benefits – Right of residence – Directive 2004/38/EC – National legislation under which child benefit and child tax credit are not granted to nationals of other Member States who do not have a right of lawful residence

[2016] WLR(D) 305, ECLI:EU:C:2016:436, [2016] EUECJ C-308/14
WLRD, Bailii
Regulation (EC) 883/2004, Directive 2004/38/EC
European

Benefits

Updated: 09 November 2021; Ref: scu.565602

Content Services Ltd v Bundesarbeitskammer: ECJ 5 Jul 2012

ECJ Reference for a preliminary ruling – Directive 97/7/EC – Consumer protection – Distance contracts – Consumer information – Information given or received – Durable medium – Meaning – Hyperlink on the website of the supplier – Right of withdrawal
‘a durable medium, within the meaning of Article 5(1) of Directive 97/7, must ensure that the consumer, in a similar way to paper form, is in possession of the information referred to in that provision to enable him to exercise his rights where necessary.
Where a medium allows the consumer to store the information which has been addressed to him personally, ensures that its content is not altered and that the information is accessible for an adequate period, and gives consumers the possibility to reproduce it unchanged, that medium must be regarded as ‘durable’ within the meaning of that provision.’
. . And: ‘a business practice consisting of making the information referred to in that provision accessible to the consumer only via a hyperlink on a website of the undertaking concerned does not meet the requirements of that provision, since that information is neither ‘given’ by that undertaking nor ‘received’ by the consumer, within the meaning of that provision, and a website such as that at issue in the main proceedings cannot be regarded as a ‘durable medium’ within the meaning of Article 5(1). ‘

K Lenaerts, P
[2012] EUECJ C-49/11, C-49/11, [2012] WLR(D) 195
Bailii, WLRD
Directive 97/7/EC
European
Citing:
OpinionContent Services Ltd v Bundesarbeitskammer ECJ 6-Mar-2012
Content_serviceECJ0312
ECJ Opinion – Consumer protection – Distance contracts – Directive 97/7/EC – Article 5 – Information that the consumer must ‘receive’ in a ‘durable medium’ – Information available on a website which the consumer . .

Lists of cited by and citing cases may be incomplete.

Consumer

Leading Case

Updated: 09 November 2021; Ref: scu.515275

Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 17 Jul 2014

ECJ Judgment – Preliminary ruling – Directive 93/13/EEC – Article 7 – Charter of Fundamental Rights of the European Union – Article 47 – Contracts with consumers – mortgage contract – Unfair – foreclosure procedure – Right of Appeal

A Tizzano, P
ECLI:EU:C:2014:2099, [2014] EUECJ C-169/14
Bailii
Directive 93/13/EEC, Charter of Fundamental Rights of the European Union
European
Citing:
OrderSanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA ECJ 5-Jun-2014
(Order Of The Court) . .
PositionSanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA ECJ 3-Jul-2014
ECJ Position – Directive 93/13/EEC – Unfair terms in contracts concluded with consumers – adequate and effective means for the continued use of unfair terms – Limiting the possibility of appeal against a ruling . .

Lists of cited by and citing cases may be incomplete.

Consumer, Human Rights

Updated: 09 November 2021; Ref: scu.535388

Louca v A German Judicial Authority: SC 19 Nov 2009

The defendant resisted extradition saying that the European Arrest Warrant was defective in not revealing the existence of two earlier such warrants. He said that absence of such information would hinder a court which was concerned as to possible abuse.
Held: The appeal failed. The information was optional, and the information missing from the request was information known in any event to the defendant. The words ‘any other warrant’ in section 2(4) do refer to any domestic arrest warrant that may exist.
In an accusation case, the requirement in section 2(4)(b) of the 2003 Act for information consisting of ‘particulars of any other warrant issued in the category 1 territory for the person’s arrest in respect of the offence’ refers to ‘any domestic warrant on which the European arrest warrant is based, and not to any other European arrest warrant which may have been issued on the basis of any such domestic warrant’
The language of article 8.1 draws a distinction between a ‘European arrest warrant’ and in sub-paragraph (c) ‘an arrest warrant’, which indicates that the latter words refer to any domestic warrant.

Lord Hope, Deputy President, Lord Rodger, Lord Mance, Lord Collins, Lord Kerr
Times 24-Nov-2009, [2009] UKSC 4, [2010] 1 All ER 402, [2009] 1 WLR 2550, UKSC 2009/0047
Bailii, Bailii Summary, SC, SC Summary
Extradition Act 2003 2(2)(a) 4(b), Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between member states of the European Union (2002/584/JHA; OJ 2002 L190, pl)
England and Wales
Citing:
CitedRegina v Liverpool Stipendiary Magistrates ex parte Ellison QBD 1990
Bingham LJ said: ‘If any criminal court at any time has cause to suspect that a prosecutor may be manipulating or using the procedures of the court in order to oppress or unfairly to prejudice a defendant before the court, I have no doubt that it is . .
CitedCriminal proceedings against Pupino ECJ 16-Jun-2005
ECJ (Grand Chamber) Police and judicial cooperation in criminal matters – Articles 34 EU and 35 EU – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Protection of vulnerable . .
Appeal fromLouca v Public Prosecutor In Bielefel, Germany Admn 27-Nov-2008
The defendant objected to the extradition order, saying that the European arrest warrant relied on did not disclose other warrants issued for the same offences.
Held: The Act required the warrant to be validated by the issuing national court. . .
CitedZakowski v Regional Court In Szczecin, Poland Admn 16-May-2008
Maurice Kay LJ said that section 2(6)(c) of the 2003 Act ‘should be construed as referring only to other EAWs issued in respect of the offence.’ . .
CitedDabas v High Court of Justice, Madrid HL 28-Feb-2007
The defendant sought to appeal his extradition to Spain to face terrorism charges. He complained that the certificate required under the 2003 Act could not be the European arrest warrant itself, that the offence did not satisfy the double . .
CitedJaso and others v Central Criminal Court No.2 Madrid Admn 14-Dec-2007
The Madrid Court had issued European Arrest Warrants against the three appellants on charges of membership of a criminal organisation and terrorism. The appellants had unsuccessfully challenged extradition before the District Judge on a large number . .

Cited by:
CitedAssange v The Swedish Prosecution Authority SC 30-May-2012
The defendant sought to resist his extradition under a European Arrest Warrant to Sweden to face charges of sexual assaults. He said that the prosecutor who sought the extradition was not a judicial authority within the Framework Decision.
CitedBucnys v Ministry of Justice SC 20-Nov-2013
The Court considered requests made by European Arrest Warrants for the surrender under Part 1 of the Extradition Act 2003 of three persons wanted to serve sentences imposed upon their conviction in other member states of the European Union. The . .
CitedGoluchowski and SAS v District Court and Circuit Court In Poland SC 29-Jun-2016
The appellants challenged the effectiveness of European Arrest Warrants, saying that the requests were deficient in not providing adequate details of warrants issued in support of the decisions. They had been convicted and sentenced to terms of . .

Lists of cited by and citing cases may be incomplete.

Extradition, European

Updated: 09 November 2021; Ref: scu.380325

Dulger v Wetteraukreis: ECJ 19 Jul 2012

dulgerECJ2012

ECJ EEC-Turkey Association Agreement – Association Council Decision No 1/80 – Article 7, first paragraph – Right of residence of members of the family of a Turkish worker duly registered as belonging to the labour force of a Member State – Thai national who was married to a Turkish worker and lived with him for more than three years

Cunha Rodrigues, P
[2012] EUECJ C-451/11, C-451/11, [2012] WLR(D) 249
Bailii
Citing:
See AlsoDulger v Wetteraukreis ECJ 7-Jun-2012
Opinion – EEC-Turkey Association Agreement – Interpretation of Association Council Decision No 1/80 – Right of residence of members of the family of a Turkish worker duly registered as belonging to the labour force of a Member State – Thai national . .

Lists of cited by and citing cases may be incomplete.

European, Immigration

Updated: 09 November 2021; Ref: scu.464648

Commission v Greece C-584/14: ECJ 7 Sep 2016

Waste Management Compliance Failures

ECJ (Judgment) Failure of a Member State to fulfil obligations – Environment – Directive 2006/12/EC – Directive 91/689/EEC – Directive 1999/31/EC – Waste management – Judgment of the Court establishing a failure to fulfil obligations – Non-implementation – Article 260(2) TFEU – Pecuniary penalties – Periodic penalty payment – Lump sum

[2016] EUECJ C-584/14, ECLI:EU:C:2016:636
Bailii
Directive 2006/12/EC, Directive 91/689/EEC, Directive 1999/31/EC, TFEU 260(2)
European

European, Environment

Updated: 09 November 2021; Ref: scu.569042

Cox v Ergo Versicherung Ag: SC 2 Apr 2014

The deceased army officer serving in Germany died while cycling when hit by a driver insured under German law. His widow, the claimant, being domiciled in England brought her action here, claiming for bereavement and loss of dependency. The Court was asked whether German or UK law applied to the assessment of the damages.
Held: Broadly, German law was similar to the English common law before the Fatal Acidents Acts. It was unnecessary to classify the sections 1A, 3 and 4 of the Fatal Accidents Act as procedural or substantive, because they were irrelevant. If substantive, they were irrelevant because the substantive law in this case is German law. They do not lay down general rules of English law relating to the assessment of damages, even in personal injury actions, but only rules applicable to actions under the Act itself. Our general law of damages approximated to the German Law.

Lord Neuberger, President, Lord Mance, Lord Sumption, Lord Toulson, Lord Hodge
[2014] WLR(D) 150, [2014] UKSC 22, UKSC 2012/0225, [2014] 1 AC 1379, [2014] 2 WLR 948, [2014] 1 CLC 430, [2014] 2 All ER 926, [2014] RTR 20
WLRD, Bailii, Bailii Summary, SC, SC Summary
Regulation EC 44/2001, Fatal Accidents Act 1976 1(1) 1(2), Fatal Accidents Act 1846
England and Wales
Citing:
CitedBaker v Bolton and others KBD 8-Dec-1808
The plaintiff and his wife had been thrown from the roof of a coach. The plaintiff sought damages for the loss of his wife’s ‘comfort, fellowship, and assistance’.
Held: The claim failed in part: ‘the jury could only take into consideration . .
CitedRoerig v Valiant Trawlers Ltd CA 28-Jan-2002
The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under . .
Appeal fromCox v Ergo Versicherung Ag CA 25-Jun-2012
The deceased member of the armed forces had died in a road traffic accident in Germany. The parties didputed whether the principles governing the calculation of damages were those in the 1976 Act and UK law, or under German law.
Held: ‘There . .
At first instanceCox v Ergo Versicherung Ag and Another QBD 28-Oct-2011
The deceased died in a road traffic accident whilst serving in the Armed forces in Germany. The driver was insured under German law. The widow now claimed damages in England. She had entered a new relationship.
Held: The object of section 844 . .
CitedHarding v Wealands HL 5-Jul-2006
Claim in UK for Accident in Australia
The claimant had been a passenger in a car driven by his now partner. They had an accident in New South Wales. The car was insured in Australia. He sought leave to sue in England and Wales because Australian law would limit the damages.
Held: . .
CitedSeward v The Vera Cruz HL 1884
The House was asked to rule upon the nature of a fatal accident claim as established by the 1846 Act, Lord Campbell’s Act – was it such as to be within the jurisdiction of the Admiralty Division?
Held: Earl of Selbourne LC said: ‘Lord . .
CitedPhrantzes v Argenti CA 1960
The court was asked to enforce payment of a dowry which was owed under Greek law.
Held: English law does not guarantee a remedy for every foreign cause of action. Lord Parker CJ said that to be available in support of a foreign cause of . .
CitedClark (Inspector of Taxes) v Oceanic Contractors Inc HL 16-Dec-1982
HL Income tax, Schedule E – Non-resident employer – Employees working in U.K. sector of North Sea – Whether employer liable to deduct tax from emoluments – Income Tax (Employments) Regulations 1973 – Income and . .
CitedCoupland v Arabian Gulf Oil Co QBD 1983
The plaintiff employee, injured whilst working for the defendant in Libya, sued in contract and tort. The judge held that Libyan law was the proper law of the contract, but that this was of no relevance to the claim in tort which could proceed here . .
CitedDavidsson v Hill CA 1901
Ships collided at sea. The negligent crew were aboard the British ship. A crew member on the Norwegian ship died in the collision, and his family sued here.
Held: The family had a right of action against the defendant owners of the British . .
CitedBoys v Chaplin HL 1969
The plaintiff sued in England for a traffic accident which had happened in Malta. The law of Malta would have denied certain elements of damages which would be available in this jurisdiction.
Held: Liability in respect of the road accident in . .
CitedThe Esso Malaysia 1974
A Russian seaman died as the result of a collision in international waters between two foreign registered vessels. His family sought to claim here.
Held: The benefit of the Fatal Accidents Acts can, in principle, be claimed by a foreigner. The . .
CitedM’Elroy v M’Allister SCS 4-Nov-1948
The court rejected the renvoi doctrine in tort. An act done in a foreign country was actionable in Scotland only if it was, if done in Scotland, a tort, and was also actionable according to the law of the place in which it was done. . .
CitedSouth Australia Asset Management Corporation v York Montague Ltd etc HL 24-Jun-1996
Limits of Damages for Negligent Valuations
Damages for negligent valuations are limited to the foreseeable consequences of advice, and do not include losses arising from a general fall in values. Valuation is seldom an exact science, and within a band of figures valuers may differ without . .
CitedRaffelsen Zentralbank Osterreich Ag v Five Star General Trading Llc and Others CA 1-Mar-2001
An assigned marine insurance policy was subject to a claim. The issue was the ability of an assignee to claim as a claim in contract where the proper law was that under which the contract was made, or a claim of an intangible right to claim against . .
CitedKuwait Airways Corporation v Iraqi Airways Company and Others (Nos 4 and 5) HL 16-May-2002
After the invasion of Kuwait, the Iraqi government had dissolved Kuwait airlines, and appropriated several airplanes. Four planes were destroyed by Allied bombing, and 6 more were appropriated again by Iran.
Held: The appeal failed. No claim . .
CitedSerco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited HL 26-Jan-2006
Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence . .
CitedDuncombe and Others v Secretary of State for Children, Schools and Families (No 2) SC 15-Jul-2011
The court considered whether a teacher employed by the Secretary of State to teach in one of its European Schools was entitled to protection against unfair dismissal.
Held: The claimants’ appeals were allowed and the cases remitted to the . .
CitedRavat v Halliburton Manufacturing and Services Ltd SC 8-Feb-2012
The respondent was employed by the appellant. He was resident in GB, and was based here, but much work was overseas. At the time of his dismissal he was working in Libya. The company denied that UK law applied. He alleged unfair dismissal.
CitedDuncombe and Others v Secretary of State for Children, Schools and Families (No 2) SC 15-Jul-2011
The court considered whether a teacher employed by the Secretary of State to teach in one of its European Schools was entitled to protection against unfair dismissal.
Held: The claimants’ appeals were allowed and the cases remitted to the . .

Cited by:
CitedMoreno v The Motor Insurers’ Bureau SC 3-Aug-2016
The claimant had been severely injured when hit by a car in Greece. The car’s driver was uninsured. The Court was now asked whether the scope of her claim to damages was to be determined in accordance with English or Greek law. The implementation of . .

Lists of cited by and citing cases may be incomplete.

European, Damages, Personal Injury

Leading Case

Updated: 09 November 2021; Ref: scu.523422

Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others: Admn 14 May 2010

The claimant challenged the order allowing the demolition of a disused listed building saying that the Direction was contrary to European law in not requiring an Environmental Impact Assessment (EIA). The Secretary of State said an EIA was not required for a demolition.
Held: The challenge was rejected. Whether an EIA was required for a demolition was presently before the European Court of Justice. Planning permission is not required for demolition of any listed building; any building in a conservation area, any scheduled monument, or any building that is neither a dwelling nor adjoining a dwelling. This has no application to the partial demolition of any of those types of building and those types of building falling within (a) to (c) are subject to separate regulatory regimes.
Whilst planning permission is not required for demolition within the scope of the Demolition Direction, such demolition is subject to the regulatory regime set out in s.80-83 of the Building Act 1984. Demolition without reconstruction is not ‘development’ (because such is on its natural meaning the construction of a new building or new buildings or the alteration or refurbishment of an existing building or buildings)’
In any event the size of the proposed scheme also took it outside the EIA Regulations.

Pellings J QC
[2010] EWHC 979 (Admin), [2010] NPC 57, [2010] JPL 1429, [2011] Env LR 6
Bailii
Town and Country Planning (Demolition – Description of Buildings) Direction 1995, Environmental Impact Assessment Directive (85/337/EEC), Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, Building Act 1988 80, Town and Country Planning Act 1990 55, General Permitted Development Order 1995
England and Wales
Citing:
CitedAannemersbedriijf P K Kraaijeveld v Gedeputeerde Staten Van Zuid-Holland ‘the Dutch-Dykes case) ECJ 24-Oct-1996
ECJ The fact that in this case the Member States have a discretion under Articles 2(1) and 4(2) of the directive does not preclude judicial review of the question whether the national authorities exceeded their . .
CitedEcologistas En Accion-Coda v Ayuntamiento de Madrid ECJ 25-Jul-2008
EU Environment And Consumers – Directives 85/337/EEC and 97/11/EC – Assessment of the effects of projects on the environment – Refurbishment and improvement works on urban roads – Whether subject to assessment. . .
CitedCambridge City Council v Secretary of State for the Environment and Milton Park Investments Ltd 1992
D. wanting to develop an office block, bought neighbouring semi-detached houses hoping to provide additional car parking, enhancing the visual aspects and improving highway safety. When temporary planning consent for use of these properties as site . .
CitedShimizu (UK) Ltd v Westminster City Council HL 11-Feb-1997
The removal of a listed building’s chimney stacks was an alteration allowing a claim for compensation. The phrases ‘alteration’ and ‘demolition’ are mutually exclusive. Although part of a building may be a listed building, a part of a listed . .
CitedLandelijke Vereniging tot Behoud van de Waddenzee and Nederlandse Vereniging tot Bescherming van Vogels v Staatssecretaris van Landbouw, etc ECJ 7-Sep-2004
ECJ Directive 92/43/EEC – Conservation of natural habitats and of wild flora and fauna – Concept of ‘plan’ or ‘project’ – Assessment of the implications of certain plans or projects for the protected site.
CitedEdwards, Regina (on the application of) v Environment Agency HL 16-Apr-2008
The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate.
Held: The Agency had been justified in allowing the application . .
CitedMortell, Regina (on the Application of) v Oldham Metropolitan Borough Admn 30-Mar-2007
The claimant sought orders quashing planning permissions granted for the re-development of land around Derker Station. . .

Lists of cited by and citing cases may be incomplete.

Planning, Environment, European

Updated: 09 November 2021; Ref: scu.414966

Landeshauptstadt Kiel v Norbert Jaeger: ECJ 9 Sep 2003

Concepts of working time and rest period – On Call

ECJ Reference for a preliminary ruling: Landesarbeitsgericht Schleswig-Holstein – Germany. Social policy – Protection of the safety and health of workers – Directive 93/104/EC – Concepts of working time and rest period – On-call service (Bereitschaftsdienst) provided by doctors in hospitals.
Social policy – Protection of the safety and health of workers – Directive 93/104/EC – Concepts of working time and rest period – On-call service (Bereitschaftsdienst) provided by doctors in hospitals
Where a doctor was required to be on hospital premises whilst he was ‘on-call’, the full on call duty was to be counted for the purposes of the working time Directive. This applied equally to periods in which he would be entitled to rest. Such periods of inactivity were part and parcel of on-call duties. There was a need for doctors to be available for emergencies and such rest could not be planned. ”working time’ shall mean any period during which the worker is working, at the employer’s disposal and carrying out his activity or duties, in accordance with national laws and/or practice”.

GC Rodriguez Iglesias, President, M Wathelet, R Schintgen (Rapporteur) and CWA Timmermans, Presidents of Chambers, C Gulmann, DAO Edward, P Jann, V Skouris, F Macken, N Colneric, S von Bahr, JN Cunha Rodrigues and A Rosas
C-151/02, Times 26-Sep-2003, [2003] EUECJ C-151/02, [2004] ICR 1528, (2004) 75 BMLR 201, [2003] 3 CMLR 16, [2003] ECR I-8389, [2004] All ER (EC) 604, [2003] IRLR 804
Bailii
Council Directive 93/104/EC concerning certain aspects of the organisation of working time.
European
Citing:
CitedSindicato de Medicos de Asistancia Publica (SIMAP) v Colsilieria de Sanidad y Consumo de la Generalidad Valenciana ECJ 3-Oct-2000
Doctors working in primary health care teams are subject to the Working Time Directive. They are not to be assimilated as public service workers alongside emergency services. All time on call was working time and overtime if present at a health . .

Cited by:
CitedBritish Airways Plc v Williams and Others CA 3-Apr-2009
The company appealed against an adverse finding on its holiday pay payments to its pilots, saying that the pay was subject to the 2004 Regulations alone. The Directive suggested that holiday pay should be at normal average rates of pay, but the . .
CitedMacCartney v Oversley House Management EAT 31-Jan-2006
EAT The Tribunal erred in law in holding that the Appellant had received the rest breaks to which she was entitled under reg 12 of the Working Time Regulations 1998. Gallagher v Alpha Catering Services Ltd [2005] . .
CitedHughes v Jones and Another EAT 3-Oct-2008
EAT WORKING TIME REGULATIONS
NATIONAL MINIMUM WAGE
A care worker in a residential home who was provided with accommodation so that she could discharge her duty to be on call for the residents 11 hours . .
ApprovedPfeiffer v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (1) ECJ 5-Oct-2004
pfeiffer_deutchesrotesreuzECJ102004
ECJ Reference for a preliminary ruling: Arbeitsgericht Lorrach – Germany. Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in . .
CitedO’Brien v Ministry of Justice SC 28-Jul-2010
The appellant had worked as a part time judge. He now said that he should be entitled to a judicial pension on retirement by means of the Framework Directive. The Regulations disapplied the provisions protecting part time workers for judicial office . .
CitedGallagher and others v Alpha Catering Services Ltd CA 8-Nov-2004
The Claimants were employed to deliver food to aircraft at airports, loading and unloading food from the aircraft. Between loadings, they were on down time – not physically working, but required to remain in radio contact with their employers, and . .
CitedHughes v The Corps of Commissionaires Management Ltd CA 8-Sep-2011
The employee security guard appealed against a finding that his employer had allowed rest breaks as allowed under the Regulations. He worked a continuous shift during which he was allowed to use a rest area, but he remained on call.
Held: The . .

Lists of cited by and citing cases may be incomplete.

Employment, Health Professions, Health and Safety

Leading Case

Updated: 02 November 2021; Ref: scu.186330

Commission v United Kingdom C-304/15: ECJ 21 Sep 2016

Control of Polluting Power Station

ECJ (Judgment) Failure of a Member State to fulfil obligations – Directive 2001/80/EC – Article 4(3) – Annex VI, Part A – Limitation of emissions of certain pollutants into the air from large combustion plants – Application – Aberthaw Power Station

C. Toader (Rapporteur), P
C-304/15, [2016] EUECJ C-304/15, ECLI:EU:C:2016:706
Bailii
European

European, Environment

Updated: 02 November 2021; Ref: scu.569501

Ralph Schmid (Acting As Liquidator of The Assets of Aletta Zimmermann) v Lilly Hertel: ECJ 16 Jan 2014

ECJ Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 1346/2000 – Insolvency proceedings – Action to set a transaction aside by virtue of the debtor’s insolvency – Defendant resident in a third country – Jurisdiction of the court of the Member State where the debtor has the centre of his main interests

A. Tizzano, P
[2014] EUECJ C-328/12, [2014] 1 WLR 633, [2014] BPIR 504, [2014] WLR(D) 5, [2014] CEC 846, ECLI:EU:C:2014:6, [2014] 1 WLR 633, [2014] ILPr 11
Bailii, WLRD
Regulation (EC) No 1346/2000
European
Citing:
OpinionRalph Schmid (Acting As Liquidator of The Assets of Aletta Zimmermann) v Lilly Hertel ECJ 10-Sep-2013
ECJ Opinion – Judicial co-operation in civil matters – Insolvency proceedings – Regulation (EC) No 1346/2000 – Jurisdiction of the court of the Member State in which the centre of the debtor’s main interests is . .

Cited by:
CitedJetivia Sa and Another v Bilta (UK) Ltd and Others SC 22-Apr-2015
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the . .

Lists of cited by and citing cases may be incomplete.

Insolvency

Leading Case

Updated: 02 November 2021; Ref: scu.520760

Staatssecretaris van Financien v Kieback: ECJ 18 Jun 2015

Judgment – Reference for a preliminary ruling – Freedom of movement for workers – Tax legislation – Income tax – Income received in a Member State – Non-resident worker – Tax in the State of employment – Conditions

R. Silva de Lapuerta, P
C-9/14, [2015] EUECJ C-9/14, ECLI:EU:C:2015:406
Bailii

European, Income Tax

Updated: 02 November 2021; Ref: scu.549236

British Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills: Admn 20 Apr 2011

The claimant sought judicial review of legislative provisions requiring Internet Service Providers to become involved in regulation of copyright infringements by its subscribers. They asserted that the Act and proposed Order were contrary to European law.
Held: The request was refused. No obligation had yet fallen on the claimant, and the exact form and rules had not been settled. The anticipated obligations did properly relate to copyright infringement, and so did not go beyond obligations under European law.
Following the decision of the CJEU in Case C-275/05 Promusicae, held that the grounds for derogation under Article 15(1) of the e-Privacy Directive include all the legitimate aims listed in Article 13(1) of the Data Protection Directive.
Kenneth Parker J said: ‘It is not disputed that technical means of avoiding detection are available, for those knowledgeable and skilful enough to employ them. However, the central difficulty of this argument is that it rests upon assumptions about human behaviour. Experts can seek to establish a profile of those who engage in P2P file sharing, and their various reasons for doing so, and may then attempt to predict how these users may be likely to respond if confronted with the kind of regime that the DEA enacts. In theory, some may cease or substantially curtail their unlawful activities, substituting or not, for example, lawful downloading of music; others may simply seek other means to continue their unlawful activities, using whatever technical means are open. The final outcome is uncertain because it is notoriously difficult accurately to predict human behaviour’

Kenneth Parker J
[2011] EWHC 1021 (Admin)
Bailii
Copyright (Initial Obligations) (Sharing of Costs) Order 2011, Digital Economy Act 2010, Technical Standards Directive (Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998, Electronic Commerce Directive (Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market, OJ 2000 L No 178), Privacy and Electronic Communications Directive, Communications Act 2003, Data Protection Act 1998, Data Protection (Processing of Sensitive Personal Data) Order 2000 (SI 2000/417)
England and Wales
Citing:
CitedGoogle France and Google v Louis Vuitton Malletier (Intellectual Property) ECJ 23-Mar-2010
ECJ Trade marks Internet Search engine – Keyword advertising – Display, on the basis of keywords corresponding to trade marks, of links to sites of competitors of the proprietors of those marks or to sites . .
CitedCommission v Germany (Rec 1994,p I-2039) (Judgment) ECJ 1-Jun-1994
ECJ 1. In proceedings under Article 169 of the Treaty, it is for the Commission to judge at what time it will bring an action for failure to fulfil obligations; the considerations which determine its choice of . .
CitedNorwich Pharmacal Co and others v Customs and Excise Commissioners HL 26-Jun-1973
Innocent third Party May still have duty to assist
The plaintiffs sought discovery from the defendants of documents received by them innocently in the exercise of their statutory functions. They sought to identify people who had been importing drugs unlawfully manufactured in breach of their . .
CitedLiga Portuguesa De Futebol Profissional and Another (Freedom To Provide Services) ECJ 14-Oct-2008
ECJ (Opinion of Advocate General Bot) Legislation of a Member State granting a single entity an exclusive right to organise and operate betting on the internet ‘Technical regulation’ within the meaning of . .
CitedCIA Security International v Signalson and Securitel ECJ 30-Apr-1996
1. Under the procedure provided for by Article 177 of the Treaty, it is for the national court to assess the scope of national provisions and the manner in which they are to be applied. Since the national court is best placed to assess, in view of . .
CitedProductores de Musica de Espana (Promusicae) v Telefonica de Espana SAU ECJ 29-Jan-2008
ECJ Information society Obligations of providers of services Retention and disclosure of certain traffic data Obligation of disclosure Limits Protection of the confidentiality of electronic communications . .
CitedProductores de Musica de Espana (Promusicae) v Telefonica de Espana SAU ECJ 18-Jul-2007
The provisions of article 13, as referred to in article 15(1) of Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector ([2002] OJ L201/37) must be interpreted as . .
CitedTelecom Italia v Ministero dell’Economia e delle Finanze, Ministero delle Comunicazioni (Freedom To Provide Services) ECJ 21-Feb-2008
ECJ Telecommunications services Directive 97/13/EC Articles 6, 11, 22 and 25 Fees and charges for general authorisations and individual licences Obligation on former holders of exclusive rights Temporary . .
CitedWilson v First County Trust Ltd (1) CA 3-Nov-2000
The administrative charges for entering into a loan were not to be included in the loan, but rather as an item entering into the total charge for credit. To hold otherwise went against accounting practice, would disguise the cost of the loan, and . .

Cited by:
CitedTwentieth Century Fox Film Corp and Others v British Telecommunications Plc ChD 28-Jul-2011
The claimant rights holders sought an order to require the defendant broadband internet provider to deny access to its users to websites which were said to facilitate the distribution of infringing copies of their films. An earlier judgment had . .
CitedSecretary of State for The Home Department v Davis MP and Others CA 20-Nov-2015
The Secretary of State appealed against a ruling that section 1 of the 2014 Act was inconsistent wih European law.
Held: The following questions were referred to the CJEU:
(1) Did the CJEU in Digital Rights Ireland intend to lay down . .

Lists of cited by and citing cases may be incomplete.

Intellectual Property, European, Information

Updated: 02 November 2021; Ref: scu.434869

L’Oreal SA, Lancome parfums et beaute and Cie, Laboratoire Garnier and Cie, L’Oreal (UK) Limited v eBay International AG, eBay Europe SARL, eBay (UK) Limited: ECJ 12 Jul 2011

ECJ Grand Chamber – Trade marks – Internet – Offer for sale, on an online marketplace targeted at consumers in the European Union, of trade-marked goods intended, by the proprietor, for sale in third States – Removal of the packaging of the goods – Directive 89/104/EEC – Regulation (EC) No 40/94 – Liability of the online-marketplace operator – Directive 2000/31/EC (‘Directive on electronic commerce’) – Injunctions against that operator – Directive 2004/48/EC (‘Directive on the enforcement of intellectual property rights.’)
‘it follows from article 15(1) of Directive 2000/31, in conjunction with article 2(3) of Directive 2004/48, that the measures required of the online service provider concerned cannot consist in an active monitoring of all the data of each of its customers in order to prevent any future infringement of intellectual property rights via that provider’s website.’
. . And ‘In view of the foregoing, the answer to the tenth question is that the third sentence of article 11 of Directive 2004/48, must be interpreted as requiring the member states to ensure that the national courts with jurisdiction in relation to the protection of intellectual property rights are able to order the operator of an online marketplace to take measures which contribute, not only to bringing to an end infringements of those rights by user of that marketplace, but also to preventing further infringements of that kind. Those injunctions must be effective, proportionate, dissuasive and must not create barriers to legitimate trade.’

V Skouris, P
[2011] EUECJ C-324/09, [2012] Bus LR 1369, [2011] RPC 27, [2011] ETMR 52, [2012] All ER (EC) 501, ECLI:EU:C:2011:474, [2012] EMLR 6
Bailii
Directive 2000/31/EC, Directive 89/104/EEC, Regulation (EC) No 40/94, Directive 2004/48/EC
European
Citing:
OpinionL’Oreal SA, Lancome parfums et beaute and Cie, Laboratoire Garnier and Cie, L’Oreal (UK) Limited v eBay International AG, eBay Europe SARL, eBay (UK) Limited ECJ 9-Dec-2010
ECJ Opinion – Information society – Search engine – Keyword advertising – Operator of electronic marketplace – Keywords corresponding to trade marks – Directive 89/104/EEC (‘Trade Mark directive’) – Articles 5 . .

Cited by:
CitedTamiz v Google Inc Google UK Ltd QBD 2-Mar-2012
The claimant sought damages in defamation against the defendant company offering internet search facilities. The words complained of had been published in a blog, and in comments published on the blog.
Held: Jurisdiction should be declined. . .
CitedGoogle Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD), Gonzalez ECJ 13-May-2014
Internet Search Engine – Name Removal
ECJ Grand Chamber – Personal data – Protection of individuals with regard to the processing of such data – Directive 95/46/EC – Articles 2, 4, 12 and 14 – Material and territorial scope – Internet search engines . .
CitedMosley v Google Inc and Another QBD 15-Jan-2015
The claimant had successfully pursued action against a newpaper’s publication of a film of him engaging in sex with prostitutes, but others had retained copies of the film on-line. He now pursued an action against the search engine to oblige them to . .
CitedStarbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others SC 13-May-2015
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts . .
CitedCartier International Ag and Others v British Telecommunications Plc and Another SC 13-Jun-2018
The respondent ISP companies had been injuncted to stop the transmission of websites which infringed the trade mark rights of the claimants. The ISPs now appealed from the element of the order that they pay the claimants’ costs of implementing the . .

Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Leading Case

Updated: 02 November 2021; Ref: scu.443188

Direktor Na Direktsia v Orfey Balgaria Eood: ECJ 19 Dec 2012

dndirektsia_obeECJ2012

ECJ VAT – Directive 2006/112/EC – Articles 63, 65, 73 and 80 – Establishment by natural persons of a building right in favour of a company in exchange for construction services by that company for those persons – Barter contract – VAT on construction services – Chargeable event – When chargeable – Payment on account of the entire consideration – Payment on account – Basis of assessment for a transaction in the event of consideration in the form of goods or services – Direct effect

C Toader, acting P
C-549/11, [2012] EUECJ C-549/11
Bailii
Directive 2006/112/EC

European, VAT, Construction

Leading Case

Updated: 02 November 2021; Ref: scu.468764

Argos Distributors v Commissioners of Customs and Excise: ECJ 24 Oct 1996

VAT was payable on the value of a discount voucher only, and not on the full price of the goods. ‘According to the court’s settled case law, the taxable amount for the supply of goods or services is represented by the consideration actually received for them.’ VAT had been charged on vouchers on a basis inconsistent with Community law. The reference raised no question about whether the same could be said about teacakes: ‘There is only one difference between the early vouchers claim and the [late vouchers and teacakes] claims; as regards the early vouchers claim, the national legislation itself contravened the Directive, whereas with respect to the other two claims that legislation was unimpeachable in itself but was misapplied. Yet the end result in the two instances was precisely the same: the Directive was breached . . ‘ and ‘It is manifestly clear from the documents before the court that, in regard to both teacakes and gift vouchers after August 1992, the commissioners applied national tax legislation in a manner inconsistent with the directive.’

Advocate General Geelhoed
Times 18-Nov-1996, C-288/94, [1996] STC 1359, [1996] ECR I-5311, [1996] EUECJ C-288/94, [1997] QB 499
Bailii
Cited by:
CitedNell Gwynn House Maintenance Fund v Commissioners of Customs and Excise HL 15-Dec-1998
Trustees who managed a group of apartments argued that they did not themselves provide staff services to the tenants, but rather arranged for the staff to provide services to them.
Held: The contract providing cleaning and other services, by a . .
CitedLex Services plc v Her Majestys Commissioners of Customs and Excise HL 4-Dec-2003
When taking a car in part exchange, the company would initially offer the correct market value. If the customer wanted, the company would agree a higher price. When cars were returned, the company at first reclaimed the VAT on the re-purchase price, . .
CitedMarks and Spencer Plc v Customs and Excise HL 28-Jul-2005
The claimant had sought repayment of overpaid VAT, and the respondent resisted arguing that this would be an unjust enrichment. A reference to the European Court was sought.
Held: It was not possible to say that the House’s opinion was acte . .
CitedMarks and Spencer Plc v Customs and Excise HL 4-Feb-2009
The taxpayer requested refund of VAT overpaid on chocolate covered cakes. The CandE resisted saying that the money had been substantially already paid by its customers. The case had been referred twice to the ECJ, who answered that the maintenance . .

Lists of cited by and citing cases may be incomplete.

European, VAT

Leading Case

Updated: 02 November 2021; Ref: scu.161452

Moroni v Collo: ECJ 14 Dec 1993

ECJ (Judgment) 1. Retirement pensions paid by an occupational scheme based on an agreement between the employer and the representatives of its employees, supplementary to the statutory social security scheme and not receiving any public funding, constitute pay for the purposes of Article 119 of the Treaty with the result that they are subject to the prohibition of discrimination based on sex laid down by that provision. It does not matter in this regard that the scheme was established in accordance with national legislation and this requires the pension for which the scheme provides to be paid at the same time as the employee begins to draw the statutory pension.
Consequently, it is contrary to Article 119 of the Treaty if under a supplementary occupational pension scheme a male employee is entitled to claim a company pension only at a higher age than a female employee in the same situation owing to the setting of different retirement ages for men and women.
2. Article 119 applies directly to all forms of discrimination which may be identified solely with the aid of the criteria of equal work and equal pay referred to by that article, without national or Community measures being required to define them with greater precision in order to permit their application.
Since with the aid of the constitutive elements of the pay in question and of the criteria laid down in Article 119 discrimination may be directly identified as arising from the setting of different retirement ages for men and women in the matter of company pensions, the worker discriminated against may, notwithstanding the provisions of Directive 86/378, assert his rights to payment of the company pension at the same age as his female counterpart and any reduction in the event of early departure from the service of the undertaking must be calculated on the basis of that age.
However, by virtue of the judgment of 17 May 1990 in Case C-262/88 Barber, the direct effect of Article 119 of the Treaty may be relied on in order to claim equal treatment in the matter of occupational pensions only in relation to benefits payable in respect of periods of service subsequent to the date of that judgment, subject to the exception in favour of workers or those claiming under them who have, before that date, initiated legal proceedings or raised an equivalent claim under the applicable national law.

C-110/91, [1993] EUECJ C-110/91, [1994] PLR 211, [1993] ECR 6591, [1994] IRLR 130, [1993] ECR I-6591, [1995] ICR 137
Bailii

European, Discrimination

Leading Case

Updated: 02 November 2021; Ref: scu.160691

Elektriciteits Produktiemaatschappij Zuid-Nederland: ECJ 9 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Atmospheric pollution – Scheme for greenhouse gas emission allowance trading – Directive 2003/87/EC – Concept of ‘installation’ – Inclusion of the fuel storage site – Regulation (EU) No 601/2012 – Concept of ‘fuel exported from the installation’

ECLI:EU:C:2016:422, [2016] EUECJ C-158/15
Bailii
Regulation (EU) No 601/2012, Directive 2003/87/EC

European, Environment

Updated: 02 November 2021; Ref: scu.565604

Ruiz Zambrano (European Citizenship): ECJ 8 Mar 2011

ECJ Citizenship of the Union – Article 20 TFEU – Grant of right of residence under European Union law to a minor child on the territory of the Member State of which that child is a national, irrespective of the previous exercise by him of his right of free movement in the territory of the Member States – Grant, in the same circumstances, of a derived right of residence, to an ascendant relative, a third country national, upon whom the minor child is dependent – Consequences of the right of residence of the minor child on the employment law requirements to be fulfilled by the third-country national ascendant relative of that minor
A Colombian national who had been living in Belgium with his wife, and working (and paying social security contributions), but without a right to reside. Their three children, born between 2003 and 2005, acquired Belgian nationality at birth, and with it European citizenship and the right of free movement, under article 20 of the Treaty on the Functioning of the European Union (‘TFEU’). When in 2005 he lost his job, he was refused unemployment benefit, because under the relevant national law that depended on his having a right to reside. The European court held that the refusal of such a right was unlawful because it would result in the children being deprived of effective enjoyment of their rights as European citizens.

Skouris P
[2011] EUECJ C-34/09, C-34/09, [2011] All ER (EC) 491, [2011] 2 FCR 491, [2011] ECR I-1177, [2011] Imm AR 521, [2012] QB 265, [2011] INLR 481, ECLI:EU:C:2011:124, [2011] 2 CMLR 46, [2012] 2 WLR 886
Bailii
Charter of Fundamental Rights of the European Union, TFEU 20
European
Citing:
OpinionRuiz Zambrano (European Citizenship) ECJ 30-Sep-2010
ECJ Opinion – Articles 18, 20 and 21 TFEU – Fundamental rights as general principles of European Union law – Article 7 of the Charter of Fundamental Rights of the European Union – European citizenship – . .

Cited by:
CitedCampbell (Exclusion; Zambrano) Jamaica UTIAC 21-Mar-2013
UTIAC 1. Exclusion decisions are not be confused with exclusion orders.
2. It is settled law that the Secretary of State has the power to make an exclusion decision: see R (on the application of Naik) v . .
CitedNzolameso v City of Westminster SC 2-Apr-2015
The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she . .
CitedAgyarko and Ikuga, Regina (on The Applications of) v Secretary of State for The Home Department SC 22-Feb-2017
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 . .
CitedDereci and Others (European Citizenship) ECJ 15-Nov-2011
ECJ Grand Chamber – Citizenship of the Union – Right of residence of nationals of third countries who are family members of Union citizens – Refusal based on the citizen’s failure to exercise the right to freedom . .
CitedHC, Regina (on The Application of) v Secretary of State for Work and Pensions SC 15-Nov-2017
This appeal concerns the rights of so-called ‘Zambrano carers’ and their children to financial support from the state. The appellant, an Algerian national married and had children here, but was refused housing after the break up the marriage. HC . .
CitedSanneh, Regina (on The Application of) v Secretary of State for Work and Pensions Admn 30-Apr-2012
Challenge to payment of Zambrano Income Support . .
CitedDH (Jamaica) v Secretary of State for The Home Department CA 21-Dec-2012
Elias LJ said: ‘The right of residence is a right to reside in the territory of the EU. It is not a right to any particular quality of life or to any particular standard of living. Accordingly, there is no impediment to exercising the right to . .
CitedSanneh, Regina (on The Application of) v The Secretary of State for Work and Pensions and Another Admn 10-Apr-2013
. .
CitedSanneh and Others v Secretary of State for Work and Pensions CA 10-Feb-2015
The appeals concerned the question of whether ‘Zambrano carers’, who are non-EU citizens responsible for the care of an EU citizen child, are entitled to social assistance (that is, non-contributory welfare benefits) on the same basis as EU citizens . .
CitedSecretary Of State For The Home Department v CS (Judgment : Citizenship Of The Union) ECJ 13-Sep-2016
The Court of Justice held: ‘that there are very specific situations in which, despite the fact that the secondary law on the right of residence of third-country nationals does not apply and the Union citizen concerned has not made use of his freedom . .
CitedRendon Marin (Judgment : Citizenship Of The Union) ECJ 13-Sep-2016
ECJ (Grand Chamber) Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Directive 2004/38/EC – Right of a third-country national with a criminal record to reside in a Member . .

Lists of cited by and citing cases may be incomplete.

European, Immigration, Children

Leading Case

Updated: 02 November 2021; Ref: scu.452172

Infopaq International v Danske Dagblades Forening: ECJ 17 Jul 2009

ECJ Copyright Information society – Directive 2001/29/EC Articles 2 and 5 – Literary and artistic works – Concept of ‘reproduction’ Reproduction ‘in part’ Reproduction of short extracts of literary works – Newspaper articles – Temporary and transient reproductions – Technological process consisting in scanning of articles followed by conversion into text file, electronic processing of the reproduction, storage of part of that reproduction and printing out.
The Court said: ‘Article 2(a) of Directive 2001/29 [the Information Society Directive] provides that authors have the exclusive right to authorise or prohibit reproduction, in whole or in part, of their works. It follows that protection of the author’s right to authorise or prohibit reproduction is intended to cover ‘work’.
It is, moreover, apparent from the general scheme of the Berne Convention, in particular Article 2(5) and (8), that the protection of certain subject-matters as artistic or literary works presupposes that they are intellectual creations.
Similarly, under Articles 1(3) of Directive 91/250, 3(1) of Directive 96/9 and 6 of Directive 2006/116, works such as computer programs, databases or photographs are protected by copyright only if they are original in the sense that they are their author’s own intellectual creation.
In establishing a harmonised legal framework for copyright, Directive 2001/29 is based on the same principle, as evidenced by recitals 4, 9 to 11 and 20 in the preamble thereto.
In those circumstances, copyright within the meaning of Article 2(a) of Directive 2001/29 is liable to apply only in relation to a subject-matter which is original in the sense that it is its author’s own intellectual creation.’

K Lenaerts P
C-5/08, [2009] EUECJ C-5/08, [2012] Bus LR 102, [2009] ECR I-6569, [2010] FSR 20, [2009] ECDR 16
Bailii, Bailii
Directive 2001/29/EC 2, Directive 2006/116 6
European
Citing:
OpinionInfopaq International v Danske Dagblades Forening ECJ 12-Feb-2009
ECJ (Opinion) Directive 2001/29 – Articles 2 and 5 – Harmonisation of certain aspects of copyright and related rights in the information society – Reproduction right – Exceptions and limitations – Temporary acts . .

Cited by:
CitedFootball Dataco Ltd and Others v Brittens Pools Ltd (In Action 3222) and Others ChD 23-Apr-2010
The court considered what rights existed in the annual football fixture lists created by the claimants. The claimants said that the list was created only with a considerable effort applying certain rules. The defendants denied that any copyright . .
CitedThe Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others ChD 26-Nov-2010
The claimant newspapers complained of the spidering of the web-sites and redistribution of the materials collected by the defendants to its subscribers. The defendants including the Public Relations Consultants Association (PRCA) denied that they . .
CitedThe Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others CA 27-Jul-2011
The defendant companies provided media monitoring services, automatically searching web-sites for terms of interest. The claimant newspapers operated a licensing system through the first claimant permitting the re-use of the content on its members . .
JudgmentInfopaq International A/S v Danske Dagblades Forening ECJ 17-Jan-2012
ECJ Copyright – Information society – Directive 2001/29/EC – Article 5(1) and (5) – Literary and artistic works – Reproduction of short extracts of literary works – Newspaper articles – Temporary and transient . .
CitedTemple Island Collections Ltd v New English Teas Ltd and Another PCC 12-Jan-2012
The claimant asserted infringement of their copyright in a photograph. It showed the Houses of Parliament in black and white with a London bus in red. The original action had been settled and the proposed image withdrawn as a copy. The defendants . .
CitedSAS Institute Inc v World Programming Ltd CA 21-Nov-2013
The court was asked as to the extent to which the developer of a computer program may lawfully replicate the functions of an existing computer program; and the materials that he may lawfully use for that purpose. SAS had produced a computer software . .
CitedKogan v Martin and Others CA 9-Oct-2019
Dispute over the authorship of the screenplay of a film.
Held: ‘the judgment cannot stand. The judge has adopted an erroneous approach to the evidence, failed to make important findings of primary fact, failed to take account of material . .
CitedMartin and Another v Kogan and Others IPEC 22-Nov-2017
The parties disputed whether joint authorship of the screenplay for a film, ‘Florence Foster Jenkins’. The claimant now sought a declaration of sole authorship of film screenplay, and the defendant cross-claimed for a declaration of joint . .
CitedHRH The Duchess of Sussex v Associated Newspapers Ltd ChD 11-Feb-2021
Defence had no prospect of success – Struck Out
The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment.
Held: Warby J . .

Lists of cited by and citing cases may be incomplete.

Intellectual Property, Media

Leading Case

Updated: 02 November 2021; Ref: scu.286161

Lock v British Gas Trading Ltd And Others: ECJ 5 Dec 2013

lock_bgECJ1213

ECJ Opinion – Social policy – Organisation of working time – Consultant receiving a basic salary with monthly commission payments based on sales made and the number of sales contracts entered into – Entitlement to payment of commission during annual leave

Bot AG
C-539/12, [2013] EUECJ C-539/12, [2014] EUECJ C-539/12
Bailii, Bailii

European, Employment

Updated: 02 November 2021; Ref: scu.518893

The British Horseracing Board Ltd and Others v William Hill Organization Ltd: ECJ 9 Nov 2004

bhb_whECJ2004

The claimant sought to prevent re-use by the defendant of information from its horse racing subscription service. They claimed that they had a database right in the information. It cost andpound;4m per year to assemble.
Held: The expression ‘investment in . . the obtaining . . of the contents’ of a database in Article 7(1) of the directive must be understood to refer to the resources used to seek out existing independent materials and collect them in the database. It does not cover the resources used for the creation of materials which make up the contents of a database. The expression ‘investment in the verification of the contents’ of a database in Article 7(1) of the directive must be understood to refer to the resources used, with a view to ensuring the reliability of the information contained in that database, to monitor the accuracy of the materials collected when the database was created and during its operation. The resources used for verification during the stage of creation of materials which are subsequently collected in a database do not fall within that definition. The resources used to draw up a list of horses in a race and to carry out checks in that connection do not constitute investment in the obtaining and verification of the contents of the database in which that list appears. The terms ‘extraction’ and ‘re-utilisation’ in Article 7 of the directive must be interpreted as referring to any unauthorised act of appropriation and distribution to the public of the whole or a part of the contents of a database. Those terms do not imply direct access to the database concerned. The fact that the contents of a database were made accessible to the public by its maker or with his consent does not affect the right of the maker to prevent acts of extraction and/or re-utilisation of the whole or a substantial part of the contents of a database. The claim failed.

[2004] EUECJ C-203/02, C-203/02, [2004] ECR I-10415, [2005] ECDR 1, [2005] RPC 13
Bailii
Directive 96/9/EC
Citing:
Reference fromBritish Horseracing Board Ltd and Others v William Hill Organization Ltd CA 31-Jul-2001
The Board had established a database of information about horse racing. It was costly. The defendants recovered the information from a licensed user, and used it for its own business purposes. It was not suggested that the licensee had any right to . .
At First InstanceBritish Horseracing Board Ltd v William Hill Organisation Ltd PatC 9-Feb-2001
The defendants received data, prepared and distributed by the claimants, regarding horse races, and incorporated the information into their web pages as part of a betting service. There might have been other, indirect, ways of obtaining the same . .

Cited by:
CitedAttheraces Ltd and Another v British Horse Racing Board and Another ChD 21-Dec-2005
The claimants relayed horse racing events to bookmakers. The respondents collected data about the races and horses. The claimants sought the freedom to use that data, and the defendants asserted a database right to control such use.
Held: BHB . .
At ECJBritish Horseracing Board Ltd and Another v William Hill Organization Ltd CA 13-Jul-2005
The Court allowed William Hill’s appeal, holding that BHB had not established that the ECJ had given its earlier ruling on the basis of an erroneous assumption of fact and that the result of applying the ruling was that BHB’s Database did not fall . .
CitedAttheraces Ltd and Another v The British Horseracing Board Ltd and Another CA 2-Feb-2007
The defendant appealed a finding that it had abused its dominant market position in refusing to supply to the claimant a copyright licence for its information on horse racing at a proper or acceptable price. The defendant was said to have a monopoly . .
CitedApis-Hristovich v Lakorda AD (Approximation Of Laws) ECJ 5-Mar-2009
apishristovichECJ2009
Europa Directive 96/9/EC Legal protection of databases – Sui generis right – Obtaining, verification or presentation of the contents of a database – Extraction – Substantial part of the contents of a database – . .
CitedFootball Dataco Ltd and Others v Brittens Pools Ltd (In Action 3222) and Others ChD 23-Apr-2010
The court considered what rights existed in the annual football fixture lists created by the claimants. The claimants said that the list was created only with a considerable effort applying certain rules. The defendants denied that any copyright . .

Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Leading Case

Updated: 02 November 2021; Ref: scu.219290

Philip Morris Brands And Others v The Secretary of State for Health: ECJ 4 May 2016

ECJ (Judgment) Reference for a preliminary ruling – Approximation of laws – Directive 2014/40/EU – Articles 7, 18 and 24(2) and (3) – Articles 8(3), 9(3), 10(1)(a), (c) and (g), 13 and 14 – Manufacture, presentation and sale of tobacco products – Validity – Legal basis – Article 114 TFEU – Principle of proportionality – Principle of subsidiarity – Fundamental rights of the European Union – Freedom of expression – Charter of Fundamental Rights of the European Union – Article 11

C-547/14, [2016] EUECJ C-547/14, [2016] WLR(D) 235, ECLI:EU:C:2016:325
Bailii, WLRD
Directive 2014/40/EU, Charter of Fundamental Rights of the European Union 11

European, Human Rights

Updated: 02 November 2021; Ref: scu.563114

Van den Boogaard v Laumen: ECJ 27 Feb 1997

ECJ If the reasoning of a decision rendered in divorce proceedings shows that the provision which it awards is designed to enable one spouse to provide for himself or herself, or if the needs and resources of each of the spouses are taken into consideration in the determination of its amount, the decision will be concerned with maintenance, and will therefore fall within the scope of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial matters, as amended by the Convention of 9 October 1978 on the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland and by the Convention of 25 October 1982 on the Accession of the Hellenic Republic. On the other hand, where the provision awarded is solely concerned with dividing property between the spouses, the decision will be concerned with rights in property arising out of a matrimonial relationship and will not therefore be enforceable under the Brussels Convention. A decision which does both these things may, in accordance with Article 42 of the Brussels Convention, be enforced in part if it clearly shows the aims to which the different parts of the judicial provision correspond.
It follows that a decision rendered in divorce proceedings ordering payment of a lump sum and transfer of ownership in certain property by one party to his or her former spouse must be regarded as relating to maintenance and therefore as falling within the scope of the Convention if its purpose is to ensure the former spouse’s maintenance. The fact that in its decision the court of origin disregarded a marriage contract is of no account in this regard.

C-220/95, [1997] ECR I-1147, [1997] QB 759, 1997] 3 WLR 284, [1997] ILPr 278
Bailii
Cited by:
CitedMoore v Moore CA 20-Apr-2007
The family were wealthy, and had lived for some time in Spain. On the breakdown of the marriage, the wife returned to the UK, and sought ancillary relief here, though the divorce had been in Spain. The husband argued that this should be dealt with . .
CitedRadmacher (Formerly Granatino) v Granatino SC 20-Oct-2010
The parties, from Germany and France married and lived at first in England. They had signed a pre-nuptial agreement in Germany which would have been valid in either country of origin. H now appealed against a judgment which bound him to it, . .
CitedTraversa v Freddi CA 14-Feb-2011
Jurisdiction in Cross border divorce
The parties had divorced in Italy. After the wife sought possession of her house in London where H lived, he appealed against refusal of leave to apply for an order under the 1984 Act, the court having found insufficient substantial grounds for . .

Lists of cited by and citing cases may be incomplete.

European, Family

Leading Case

Updated: 02 November 2021; Ref: scu.161617

Eurofood IFSC (Area Of Freedom, Security and Justice): ECJ 2 May 2006

ECJ Judicial cooperation in civil matters – Regulation (EC) No 1346/2000 – Insolvency proceedings – Decision to open the proceedings – Centre of the debtor’s main interests – Recognition of insolvency proceedings – Public policy.
The centre of a debtor’s main interests must be identified by reference to criteria that are both objective and ascertainable by third parties, in order to ensure legal certainty and foreseeability concerning the determination of the court with jurisdiction to open the main insolvency proceedings. That requirement for objectivity and that possibility of ascertainment by third parties may be considered to be met where the material factors taken into account for the purpose of establishing the place in which the debtor company conducts the administration of its interests on a regular basis have been made public or, at the very least, made sufficiently accessible to enable third parties, that is to say in particular the company’s creditors, to be aware of them.

V. Skouris, P
C-341/04, [2006] EUECJ C-341/04, [2006] 3 WLR 309, [2006] BCC 397, [2006] ILPr 23, [2006] Ch 508, [2006] ECR I-3813, [2006] BPIR 661, [2006] All ER (EC) 1078, [2007] 2 BCLC 151, ECLI:EU:C:2006:281
Bailii
Regulation (EC) No 1346/2000
European
Cited by:
CitedOlympic Airlines Sa Pension and Life Insurance Scheme v Olympic Airlines Sa CA 6-Jun-2013
The court considered the the jurisdiction under EU law to commence a secondary winding-up in England of a company whose main liquidation is taking place in Greece. That depended upon whether the company, registered in Greece had a sufficient . .

Lists of cited by and citing cases may be incomplete.

Insolvency

Leading Case

Updated: 02 November 2021; Ref: scu.241362

Profit Investment Sim v Ossi: ECJ 20 Apr 2016

ECJ (Judgment) Reference for a preliminary ruling – Regulation (EC) No 44/2001 – Area of Freedom, Security and Justice – Concept of ‘irreconcilable judgments’ – Actions having different subject-matters brought against several defendants domiciled in various Member States – Conditions for the prorogation of jurisdiction – Jurisdiction clause – Concept of ‘matters relating to a contract’ – Verification of the lack of a valid contractual link

C-366/13, [2016] EUECJ C-366/13, [2016] WLR(D) 202, ECLI:EU:C:2016:282
Bailii, WLRD
Regulation (EC) No 44/2001
England and Wales

Contract

Leading Case

Updated: 01 November 2021; Ref: scu.562823

Torresi v Consiglio dell’Ordine degli Avvocati di Macerata,: ECJ 17 Jul 2014

ECJ Reference for a preliminary ruling – Freedom of movement for persons – Access to the profession of lawyer – Possibility of refusing registration in the Bar Council register to nationals of a Member State who have obtained their professional legal qualification in another Member State – Abuse of rights

V. Skouris, P
C-58/13, [2014] EUECJ C-58/13
Bailii
European

Legal Professions

Updated: 01 November 2021; Ref: scu.534456

Regina v Chief Constable of Sussex Ex Parte International Trader’s Ferry Ltd: CA 28 Jan 1997

A restriction placed by a chief constable on the police support he would make available to support a lawful trade was reasonable, even though it might amount to trade interference. The allocation of resources available to the Chief Constable was for him and the course he took was well within his margin of appreciation, not least because of the need to balance serious competing claims. It was unreal and unfair to treat the Chief Constable as having all the resources of the State available to him before he could justify what he had done.

Times 12-Feb-1997, [1997] EWCA Civ 861, [1998] QB 477
England and Wales
Citing:
Appeal fromRegina v Chief Constable of Sussex, Ex Parte International Trader’s Ferry Ltd QBD 28-Jul-1995
A Chief Constable may not limit his duty to his immediate community if this interfered with lawful exports within the community. It was for the Chief Constable to decide on the disposition of his forces and the use of his resources. He was fully . .

Cited by:
Appeal fromRegina v Chief Constable of Sussex, ex Parte International Trader’s Ferry Limited HL 2-Apr-1998
Chief Constable has a Wide Discretion on Resources
Protesters sought to prevent the appellant’s lawful trade exporting live animals. The police provided assistance, but then restricted it, pleading lack of resources. The appellants complained that this infringed their freedom of exports under . .
CitedLaporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .

Lists of cited by and citing cases may be incomplete.

Police, European

Leading Case

Updated: 01 November 2021; Ref: scu.141257

Commission v United Kingdom: ECJ 13 Nov 2014

ECJ Judgment – Failure of a Member State to fulfil obligations – Freedom of establishment – Free movement of capital – Articles 49 TFEU and 63 TFEU – Articles 31 and 40 of the EEA Agreement – National tax legislation – Attribution of gains to participators in close companies – Different treatment of resident and non-resident companies – Wholly artificial constructions – Proportionality

A. O Caoimh, P
C-112/14, [2014] EUECJ C-112/14, ECLI:EU:C:2014:2369, [2014] WLR(D) 483, [2014] BTC 51, [2015] STC 591, [2014] STI 3297, [2015] 1 CMLR 54
Bailii, WLRD
Taxation of Chargeable Gains Act 1992 13
European

Capital Gains Tax

Updated: 01 November 2021; Ref: scu.538756

L’Oreal SA, Lancome parfums et beaute and Cie, Laboratoires Garnier and Cie v Bellure NV, Malaika Investments Ltd, Starion International Ltd: ECJ 18 Jun 2009

loreal_bellureECJ2009

ECJ Approximation of laws – Trade marks Directive 98/104/EEC Article 5(1)(a) – Use of another person’s trade mark for identical goods in comparative advertising Article 5(2) – Unfair advantage taken of the reputation of a trade mark – Comparative advertising Directives 84/450/EEC and 97/55/EEC Article 3a(1) – Conditions under which comparative advertising is permitted Unfair advantage taken of the reputation of a competitor’s trade mark Imitation or replica of the goods protected by a competitor’s trade mark.

C-487/07, [2009] EUECJ C-487/07
Bailii, Bailii, Times, Bailii
Citing:
See AlsoL’Oreal Sa and others v Bellure Nv and others ChD 24-May-2006
Action for trade mark infringement and passing off – suggestion that goods of such superior quality that no possibility of confusion. . .
At first instanceL’Oreal Sa and others v Bellure NV and others ChD 4-Oct-2006
The claimant alleged that the defendants had been importing copies of their perfumes. The products were not counterfeits, but ‘smell-alikes’. The defendants’ packaging and naming was used to suggest which perfume it resembled.
Held: The . .
Reference FromL’Oreal Sa and others v Bellure Nv and others CA 10-Oct-2007
. .
At ECJIntel Corporation v CPM United Kingdom Ltd (Approximation Of Laws) ECJ 27-Nov-2008
Europa Directive 89/104/EEC Trade marks Article 4(4)(a) Trade marks with a reputation – Protection against the use of a later identical or similar mark Use which takes or would take unfair advantage of, or is or . .

Lists of cited by and citing cases may be incomplete.

European, Intellectual Property, Media

Updated: 02 November 2021; Ref: scu.286164

Da Costa En Schaake Nv, Jacob Meijer Nv, Hoechst-Holland Nv v Netherlands Inland Revenue Administration: ECJ 27 Mar 1963

ECJ (Preliminary Ruling ) 1. The obligation imposed by the third paragraph of article 177 of the EEC Treaty upon national courts or tribunals of last instance may be deprived of its purpose by reason of the authority of an interpretation already given by the court under article 177 in those cases in which the question raised is materially identical with a question which has already been the subject of a preliminary ruling in a similar case.
2. When giving a ruling within the framework of article 177, the court limits itself to deducing the meaning of community rules from the wording and the spirit of the treaty, it being left to the national court to apply in the particular case the rules which are thus interpreted.
3. Article 177 always allows a national court or tribunal, if it considers it appropriate, to refer questions of interpretation to the court again even if they have already formed the subject of a preliminary ruling in a similar case.

R-30/62, [1963] EUECJ R-30/62, (1963) 2 CMLR 224
Bailii
EEC Treaty 177
European
Cited by:
CitedHP Bulmer Ltd and Another v J Bollinger Sa and others CA 22-May-1974
Necessity for Reference to ECJ
Lord Denning said that the test for whether a question should be referred to the European Court of Justice is one of necessity, not desirability or convenience. There are cases where the point, if decided one way, would shorten the trial greatly. . .

Lists of cited by and citing cases may be incomplete.

Constitutional

Leading Case

Updated: 02 November 2021; Ref: scu.214017