Regina v Secretary of State for the Environment Ex Parte Friends of the Earth and Another: CA 7 Jun 1995

The Secretary of State can accept an undertaking from water companies instead of making an order to satisfy the obligations under the European directives.

Citations:

Times 08-Jun-1995, Independent 07-Jun-1995

Statutes:

Water Industry Act 1991 68(1)(a)

Jurisdiction:

England and Wales

Environment, Utilities, European

Updated: 21 January 2023; Ref: scu.87792

Hanssen Beleggingen (Judicial Cooperation In Civil and Commercial Matters – Jurisdiction of The Courts : Judgment): ECJ 5 Oct 2017

Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 44/2001 – Jurisdiction – Article 2(1) – Jurisdiction of the courts of the place where the defendant is domiciled – Article 22(4) – Exclusive jurisdiction in proceedings concerned with the registration or validity of intellectual property rights – Proceedings to determine whether a person was correctly registered as the proprietor of a trade mark

Citations:

C-341/16, [2017] EUECJ C-341/16, ECLI:EU:C:2017:738, [2018] Bus LR 1384, [2017] WLR(D) 632

Links:

Bailii, WLRD

Jurisdiction:

European

Contract, Intellectual Property

Updated: 21 January 2023; Ref: scu.598863

1 Fc Koln v EUIPO (Spa Rbar Anders) (Judgment) French Text: ECFI 4 Oct 2017

EU trade mark – Application for EU word mark SPURBAR ANDERS. – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) and (2) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (2), of Regulation (EU) 2017/1001]

Citations:

T-126/16, [2017] EUECJ T-126/16, ECLI:EU:T:2017:688

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 21 January 2023; Ref: scu.597505

Litspecmet (Public Contracts – Concept of Contracting Authority : Judgment): ECJ 5 Oct 2017

Reference for a preliminary ruling – Public works contracts, public supply contracts and public service contracts – Directive 2004/18/EC – Article 1(9) – Concept of contracting authority – Company wholly owned by a contracting authority – Transactions internal to the group

Citations:

C-567/15, [2017] EUECJ C-567/15, [2017] WLR(D) 633, [2018] PTSR 912, ECLI:EU:C:2017:736

Links:

Bailii, WLRD

Jurisdiction:

European

Contract

Updated: 21 January 2023; Ref: scu.598879

Federal Express Europe (Judgment) French Text: ECJ 4 Oct 2017

Reference for a preliminary ruling – Value added tax (VAT) – Sixth Directive 77/388/EEC – Directive 2006/112/EC – Exemption from VAT – Article 86(1)(b) and Article 144 – Relief from duties on the importation of goods of negligible or non-commercial value – Exemption for the supply of services relating to the importation of goods – National regulations subjecting to VAT the cost of transporting documents and goods of negligible value despite their ancillary to non-taxable property

Citations:

C-273/16, [2017] EUECJ C-273/16, ECLI:EU:C:2017:733

Links:

Bailii

Jurisdiction:

European

VAT

Updated: 21 January 2023; Ref: scu.597508

NRJ Group v EUIPO – Sky International (Sky Energy) (EU Trade Mark – Opposition Proceedings : Judgment): ECFI 6 Oct 2017

EU trade mark – Opposition proceedings – Application for the EU word mark SKY ENERGY – Earlier EU word mark NRJ – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)

Citations:

T-184/16, [2017] EUECJ T-184/16, ECLI:EU:T:2017:703

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 21 January 2023; Ref: scu.598887

Gappol Marzena Porczynska v EUIPO – Gap (ITM) ((EU Trade Mark – Opposition Proceedings : Judgment): ECFI 4 Oct 2017

EU trade mark – Opposition proceedings – Application for the EU figurative mark GAPPOL – Earlier EU word mark GAP – Cross-appeal – Relative grounds for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Reputation – Unfair advantage taken of the distinctive character or reputation – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Obligation to state reasons – Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)

Citations:

T-411/15, [2017] EUECJ T-411/15

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 21 January 2023; Ref: scu.597509

Ben Ali v Council (Common Foreign and Security Policy – Restrictive Measures – Tunisia : Judgment): ECFI 5 Oct 2017

Common foreign and security policy – Restrictive measures directed against certain persons and entities in view of the situation in Tunisia – Freezing of funds – Action for annulment – Admissibility – Legal basis – Reinclusion of the applicant’s name on the basis of new grounds – Obligation to state reasons – Factual basis – Right to property – Proportionality

Citations:

T-149/15, [2017] EUECJ T-149/15

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 21 January 2023; Ref: scu.598841

Forest Pharma v EUIPO – Ipsen Pharma (Colineb) (EU Trade Mark – Opposition Proceedings : Judgment): ECFI 5 Oct 2017

EU trade mark – Opposition proceedings – Application for EU word mark COLINEB – Earlier national figurative mark Colina – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Extent of the examination to be carried out by the Board of Appeal – Article 76(1) of Regulation No 207/2009 (now Article 95(1) of Regulation (EU) 2017/1001

Citations:

T-36/17, [2017] EUECJ T-36/17, ECLI:EU:T:2017:69

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 21 January 2023; Ref: scu.598857

Intesa Sanpaolo v EUIPO – Intesia Group Holding (Intesa) (EU Trade Mark – Revocation Proceedings : Judgment): ECFI 4 Oct 2017

EU trade mark – Revocation proceedings – EU word mark INTESA – Article 51(1)(a) and (2) of Regulation (EC) No 207/2009 (now Article 58(1)(a) and (2) of Regulation (EU) 2017/1001 – No genuine use of the trade mark

Citations:

T-143/16, [2017] EUECJ T-143/16

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 21 January 2023; Ref: scu.597510

Falegnameria Universo Dei Flli Priarollo v EUIPO- Zanini Porte (Silente Porte and Porte) (Judgment) French Text: ECFI 6 Oct 2017

European Union trade mark – Revocation procedure – European Union figurative silente PORTE and PORTE mark – Genuine use – Place of use – Nature of use – Use by third parties – Declaration of revocation – Rights of defense – Articles 75 and 76 of Regulation (EC) No 207/2009 – Article 51(1)(a) of Regulation No 207/2009

Citations:

T-386/16, [2017] EUECJ T-386/16, ECLI:EU:T:2017:706

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 21 January 2023; Ref: scu.598855

des Gaz SA v Falks Veritas Ltd: CA 1974

The court considered for the first time, the effect of the Rome Treaty. It ‘came about because of a tin can’ .
A question requiring the exercise of a judges discretion is to be determined as at the date that the primary judge gave judgment, not as at the date that the statement of claim was filed, unless a statute changing the law expresses a clear contrary intention.

Judges:

Lord Denning MR

Citations:

[1974] Ch 381, [1974] 3 All ER 51

Statutes:

European Communities Act 1972

Jurisdiction:

England and Wales

Cited by:

CitedOakley Inc v Animal Ltd and others CA 20-Oct-2005
It was argued that the Secretary of State, when implementing the Directive in the 2001 Regulations, had exceeded his powers in preserving provisions of the Registered Designs Act. The judge had held the Seceretary had exceeded his powers. The . .
Lists of cited by and citing cases may be incomplete.

European, Litigation Practice

Updated: 07 December 2022; Ref: scu.235766

International Express Carriers Conference v Commission of the European Communities (Supported by UK, Deutsche Post Ag, the Post Office and La Poste Interveners): ECJ 1 Oct 1998

The Commission was wrong to approve of interception of mail by postal authorities to get around attempts to abuse international agreements for international mail by taking advantage of cheaper rates of foreign operators. The interception was excessive.

Citations:

Times 01-Oct-1998, T-133/95, T-204/95

Statutes:

Universal Postal Union Convention art 25

Jurisdiction:

European

Administrative

Updated: 07 December 2022; Ref: scu.82404

Novo Nordisk Pharma: ECJ 20 Nov 2014

ECJ Reference for a preliminary ruling – Directive 85/374/EEC – Consumer protection – Liability for defective products – Material scope of the directive – Special liability system existing on the date of notification of that directive – Permissibility of a national liability system enabling information on the adverse effects of pharmaceutical products to be obtained

Judges:

L Bay Larsen, P

Citations:

[2014] EUECJ C-310/13, ECLI:EU:C:2014:2385

Links:

Bailii

Statutes:

Directive 85/374/EC

Jurisdiction:

European

Citing:

OpinionNovo Nordisk Pharma ECJ 11-Jun-2014
ECJ Opinion – Consumer protection – Liability for defective products – Scope of Directive 85/374/EC – Exclusion of special liability system existing at the time of notification of the Directive – Eligibility of a . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 30 November 2022; Ref: scu.567371

Novo Nordisk Pharma: ECJ 11 Jun 2014

ECJ Opinion – Consumer protection – Liability for defective products – Scope of Directive 85/374/EC – Exclusion of special liability system existing at the time of notification of the Directive – Eligibility of a national system of liability for inter alia obtaining information on the side effects of pharmaceuticals

Judges:

Maciej Szpunar AG

Citations:

C-310/13, [2014] EUECJ C-310/13 – O

Links:

Bailii

Statutes:

Directive 85/374/EC

Jurisdiction:

European

Cited by:

OpinionNovo Nordisk Pharma ECJ 20-Nov-2014
ECJ Reference for a preliminary ruling – Directive 85/374/EEC – Consumer protection – Liability for defective products – Material scope of the directive – Special liability system existing on the date of . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 30 November 2022; Ref: scu.526444

Stichting Corporate Europe Observatory v Commission: ECJ 4 Jun 2015

ECJ Judgment – Appeals – Regulation (EC) No 1049/2001 – Access to the documents of the European institutions – Documents relating to the trade negotiations between the European Union and the Republic of India – Full access – Refusal

Citations:

C-399/13, [2015] EUECJ C-399/13, ECLI:EU:C:2015:360

Links:

Bailii

Statutes:

Regulation (EC) No 1049/2001

Jurisdiction:

European

European

Updated: 30 November 2022; Ref: scu.547707

Yoo Holdings v OHMI – Eckes-Granini Group (Yoo): ECFI 4 Jun 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark YOO – Earlier national and international word marks YO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

Judges:

S Papasavvas, P

Citations:

T-562/14, [2015] EUECJ T-562/14, ECLI:EU:T:2015:363

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009 8(1)(b)

Jurisdiction:

European

Intellectual Property

Updated: 27 November 2022; Ref: scu.547710

Bundesverband der Verbraucherzentralen und Verbraucherverbande – Verbraucherzentrale – Bundesverband eV v Teekanne GmbH and Co. KG: ECJ 4 Jun 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 2000/13/EC – Labelling and presentation of foodstuffs – Articles 2(1)(a)(i) and 3(1)(2) – Labelling such as could mislead the purchaser as to the composition of foodstuffs – List of ingredients – Use of the indication ‘raspberry and vanilla adventure’ and of depictions of raspberries and vanilla flowers on the packaging of a fruit tea not containing those ingredients

Judges:

K. Jurimae, P

Citations:

C-195/14, [2015] EUECJ C-195/14, ECLI:EU:C:2015:361

Links:

Bailii

Statutes:

Directive 2000/13/EC

Jurisdiction:

European

Consumer

Updated: 27 November 2022; Ref: scu.547708

Versorgungswerk Der Zahnarztekammer Schleswig-Holstein v ECB: ECFI 4 Jun 2015

CJ Judgment – Access to documents – Decision 2004/258/EC – Trade Agreement of 15 February 2012 between Greece and the ECB and national central banks of the Eurosystem – Annexes A and B – Partial refusal of public access -Interest – monetary policy of a Member State and Union – Financial position of the ECB and national central banks of the Eurosystem – Financial system stability in the EU

Judges:

G. Berardis, P

Citations:

T-376/13, [2015] EUECJ T-376/13, ECLI: EU: T: 2015: 361

Links:

Bailii

Jurisdiction:

European

Banking

Updated: 27 November 2022; Ref: scu.547709

Official Custodian for Charities v Parway Estates Developments (In Liquidation): CA 1985

The consideration for the grant of a lease was not a capital sum, but substantial building works. Application was made for its forfeiture.
Held: Dillon LJ assumed that the words ‘if the tenant shall enter into liquidation whether compulsorily or voluntarily’ in a re-entry clause in a lease refer to the making of the winding up order.
Save in relation to non-payment of rent, the power to grant relief from forfeiture to lessees is now exclusively contained in section 146 of the Law of Property Act 1925.
Dillon LJ said in relation to section 9(3) and (4) of the 1972 Act: ‘The question then is whether, even so, it is implicit in section 9 (4), or necessary in order to give effect to section 9 (4), that, after an official notification of an event has become fully effective, all persons must be treated as having constructive notice of that event. Three matters can be urged in support of the argument, viz.: (i) if an event has not been officially notified a company can still rely on it against a person who has actual knowledge of it, and so official notification is in a sense treated as the counterpart of actual knowledge, in enabling the company to rely on the event; (ii) during the period of grace before the official notification has become fully effective, the person concerned can prevent the company relying on the event by showing he was unavoidably prevented from knowing of the event, absence of the event being treated in the period of grace as countervailing the official notification: and (iii) it is difficult to think of the circumstances in which a company will wish to rely as against a third party on the happening of the event of its own liquidation and in which the real issue will not be the third party’s knowledge of that event rather than the happening of the event itself.
This question whether official notification of a relevant event constitutes notice of that event to all the world, is an important question. If indeed the notification does constitute notice at all, the very many landlords who are not in the habit of studying the London Gazette regularly of effecting regular searches of the files of their company tenants in the Companies registry will be at risk of inadvertently waiving the forfeiture of leases by accepting rent after the company tenants went into liquidation.
The deputy judge, after considering the wording of section 9(4) and views expressed in Palmer’s Company Law 23rd ed., vol. 1, pp. 184, 185 – 186, concluded that subsection (4) did not impute knowledge to anyone. It was essentially negative in its impact. It provided that a company cannot rely upon a relevant event if it is not in the Gazette but it did not make the positive counter proposition that a company can rely upon that event – sc. it can rely upon everyone having notice of that event – merely because it is in the Gazette. I agree with the deputy judge’s analysis of the subsection and with his conclusion.
I would add two further comments. In the first place, I do not think that the link, such that it is, in section 9(4), between official notification of a relevant event, and actual knowledge of the event if it has not been officially notified, requires that official notification should be treated as importing notice of the event to everyone. The object of the legislation is that persons dealing with a company should be officially given an opportunity to finding out important information concerning the company vis-a-vis those who have actual knowledge of the relevant event. Hence the qualification of the restriction imposed by the subsection of the company. It is not necessary to treat official notification as the equivalent of actual knowledge in all circumstances.
In the second place, among the events, other than liquidation and the appointment of a liquidator, listed in section 9(4) as events on which a company cannot rely in the absence of official notification are making of any alteration in the memorandum of association of the company, including, of course, its object clause, and the making of any change among the company’s directors. But it is plain to my mind from section (9)1 that a person dealing in good faith with a company is not to be treated as having constructive notice (as under the previous ultra vires doctrine of English law) of the terms of the company’s objects clause, whether in its original form or as from time to time altered, and is not to be treated as having constructive notice of the composition from time to time of the Old Aachener Re board of directors of the company. The tenor of the section is thus against imputing constructive notice of the relevant events to persons dealing with a company, while ensuring that they have an opportunity to find information about those events.’

Judges:

Dillon LJ

Citations:

[1985] Ch 151

Statutes:

European Communities Act 1972 9(3) 9(4), Law of Property Act 1925 146

Jurisdiction:

England and Wales

Cited by:

CitedCavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis SC 4-Nov-2015
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, European

Updated: 26 November 2022; Ref: scu.592685

Scotch Whisky Association (Protection of Geographical Indications of Spirit Drinks – Judgment): ECJ 7 Jun 2018

Reference for a preliminary ruling – Protection of geographical indications of spirit drinks – Regulation (EC) No 110/2008 – Article 16(a) to (c) – Annex III — Registered geographical indication ‘Scotch Whisky’ – Whisky produced in Germany and marketed under the designation ‘Glen Buchenbach’

Citations:

C-44/17, [2018] EUECJ C-44/17

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 25 November 2022; Ref: scu.618084

The 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 price at 50 pence per unit of alcohol.
Held: The claim was rejected

Judges:

Lord Doherty

Citations:

[2013] ScotCS CSOH – 70, 2013 SLT 776

Links:

Bailii

Statutes:

Alcohol (Minimum Pricing) (Scotland) Act 2012

Jurisdiction:

Scotland

Citing:

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 . .

Cited by:

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 AlsoScotch Whisky Association and Others for Judicial Review SCS 11-Jul-2014
Extra Division, Inner House – Further application for leave to intervene. . .
See AlsoScotch 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 . .
See alsoThe 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 . .
See AlsoScotch 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.

Licensing, European

Updated: 23 November 2022; Ref: scu.495201

Papierfabrik August Koehler v Commission (Competition) C-322/07: ECJ 2 Apr 2009

ECJ Appeals – Agreements – Carbonless paper Article 81 EC – Inconsistency between the statement of objections and the decision – Violation of the rights of defense Consequences reasonable length of proceedings before the Tribunal – Distortion of evidence Participation in the infringement Duration of offense Regulation No. 17 Article 15, paragraph 2 Guidelines for the calculation of fines proportionality principle principle of equal treatment motivation Duty

Judges:

Yves Bot AG

Citations:

[2009] EUECJ C-322/07 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

OpinionPapierfabrik August Koehler v Commission (Competition) ECJ 3-Sep-2009
ECJ Appeals – Agreements, decisions and concerted practices – Carbonless paper Inconsistency between the statement of objections and the contested decision Infringement of the rights of the defence – Consequences . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 23 November 2022; Ref: scu.342039

Commission 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 quadricycles towing a trailer in the territory of a Member State Road safety Market access Obstacle Proportionality.

Citations:

C-110/05, [2009] EUECJ C-110/05, [2009] 2 CMLR 34, [2009] ECR 519, ECLI:EU:C:2009:66, [2009] All ER (EC) 796, [2009] ECR I-519

Links:

Bailii

Jurisdiction:

European

Citing:

OpinionCommission v Italy C-110/05 ECJ 5-Oct-2006
(Free Movement Of Goods) Opinion AG Leger – Failure of a Member State to fulfil obligations – Article 28 EC – Free movement of goods – National rules prohibiting mopeds from towing a trailer – Quantitative restrictions – Measures having equivalent . .

Cited by:

CitedScotch 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 . .
CitedScotch 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 . .
Lists of cited by and citing cases may be incomplete.

European, Road Traffic

Updated: 23 November 2022; Ref: scu.286155

Krombach v Bamberski: ECFI 30 Mar 2000

Normally a court within the European community could not refuse to enforce a judgment of another members state. It could do so however where the judgment had been obtained by virtue of a procedure which denied the right of a defendant to appear other than in person, and where the judgment had, accordingly been entered in the absence of contribution from the defendant. Here the French court had declined to hear from the Defendant’s legal representative in his absence.
ECFI ‘recourse to the public policy clause in article 27(1) of the Convention can be envisaged only where recognition or enforcement of the judgment delivered in another contracting state would be at variance to an unacceptable degree with the legal order of the state in which enforcement is sought in as much as it infringes a fundamental principle. In order for the prohibition of any review of the foreign judgment as to its substance to be observed, the infringement would have to constitute a manifest breach of the rule of law regarded as essential in the legal order of the state in which enforcement is sought or of a right recognised as being fundamental within that legal order.’

Citations:

Times 30-Mar-2000, Case C-7/98, [2000] EUECJ C-7/98, [2000] ECR I-1935

Links:

Bailii

Statutes:

1968 Brussels Convention

Jurisdiction:

European

Cited by:

CitedGolubovich v Golubovich CA 21-May-2010
The court was asked to rule as to the recognition of a foreign (Moscow) decree of divorce obtained in breach of an Hemain injunction. The Russian proceedings had got to a stage requiring H positively to apply to prevent the decree.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Natural Justice

Updated: 19 November 2022; Ref: scu.82848

Novartis Pharma Gmbh v Apozyt Gmbh: ECJ 31 Jan 2013

ECJ Public health – Procedures for the authorisation of medicinal products for human use – Medicinal product with marketing authorisation specifying the container in which the product is to be placed on the market – Product transferred into another container – Whether a new marketing authorisation is required

Judges:

Sharpston AG

Citations:

C-535/11, [2013] EUECJ C-535/11

Links:

Bailii

European

Updated: 13 November 2022; Ref: scu.470793

Minister Finansow v Rr Donnelley Global Turnkey Solutions Poland Sp. ZOO: ECJ 31 Jan 2013

ECJ Tax legislation – Value added tax – Article 47 of Directive 2006/112/EC – Place where a service is supplied – Service connected with immovable property – Storage of goods

Judges:

Kokott AG

Citations:

C-155/12, [2013] EUECJ C-155/12

Links:

Bailii

Cited by:

OpinionMinister Finansow v Rr Donnelley Global Turnkey Solutions Poland Sp. ZOO ECJ 27-Jun-2013
ECJ VAT – Directive 2006/112/EC – Articles 44 and 47 – Place where taxable transactions are deemed to be carried out – Place of supply for tax purposes – Concept of ‘supply of services connected with immovable . .
Lists of cited by and citing cases may be incomplete.

European, VAT

Updated: 13 November 2022; Ref: scu.470792

European Commission v Planet Ae: ECJ 19 Dec 2012

ECJ Appeals – Protection of the financial interests of the European Union – Identification of the level of risk associated with an entity – Early warning system – OLAF investigation – Decisions – Requests for activation of W1a and W1b warnings – Reviewable measures – Admissibility

Judges:

A. Tizzano, P

Citations:

C-314/11, [2012] EUECJ C-314/11

Links:

Bailii

European, Crime

Updated: 12 November 2022; Ref: scu.468771

Revenue and Customs v Newey (T/A Ocean Finance): CA 17 Apr 2018

The court was asked whether the EU law doctrine of abuse of law applies in circumstances where the respondent taxpayer, Mr Newey, who had previously carried on a successful loan-broking business in partnership in the United Kingdom under the trading name of ‘Ocean Finance’, took steps to incorporate and restructure the business in Jersey, outside the EU and outside the normal territorial scope of value added tax (‘VAT’).

Citations:

[2018] EWCA Civ 791, [2018] BVC 19, [2018] STC 1054

Links:

Bailii

Jurisdiction:

England and Wales

VAT, European

Updated: 09 November 2022; Ref: scu.608725

ClientEarth 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

Citations:

T-278/11, [2012] EUECJ T-278/11

Links:

Bailii

Statutes:

Regulation (EC) No 1049/2001

Cited by:

See AlsoClientearth 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 . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 09 November 2022; Ref: scu.466395

Plastinnova 2000 Kft v Magyar Szabadalmi Hivatal: ECJ 15 Nov 2012

ECJ Directive 2004/48/EC – Rules governing the examination of evidence in a dispute before a national court before which an application for annulment of the protection of a utility model has been brought – Powers of the national court – Paris Convention – TRIPS Agreement

Citations:

C-180/11, [2012] EUECJ C-180/11

Links:

Bailii

Statutes:

Directive 2004/48/EC

European

Updated: 06 November 2022; Ref: scu.466006

Nelson v Deutsche Lufthansa AG, International Air Transport Association v Civil Aviation Authority: ECJ 23 Oct 2012

ECJ Air transport – Regulation (EC) No 261/2004 – Articles 5 to 7 – Montreal Convention – Articles 19 and 29 – Right to compensation in the event of delay of flights – Compatibility

Judges:

V. Skouris, P

Citations:

C-581/10, [2012] EUECJ C-581/10

Links:

Bailii

Statutes:

Regulation (EC) No 261/2004

Citing:

OrderNelson v Deutsche Lufthansa AG, International Air Transport Association v Civil Aviation Authority ECJ 30-Nov-2011
Order – joinder of cases . .

Cited by:

CitedDawson v Thomson Airways Ltd CA 19-Jun-2014
The claimant’s flight had been delayed for six hours. The airline said that the claim having been made outside the two year period applicable under the Montreal convention, no compensation was payable.
Held: The claimant’s appeal failed. ‘We . .
Lists of cited by and citing cases may be incomplete.

European, Transport

Updated: 06 November 2022; Ref: scu.465396

X v Staatssecretaris Van Financien: ECJ 18 Oct 2012

Freedom to provide services – Restrictions – Fiscal legislation – Obligation on the recipient of a service, established in the national territory, to withhold at source the wages tax on the remuneration due to a service provider established in another Member State – No such obligation in respect of a service provider established in the same Member State

Citations:

C-498/10, [2012] EUECJ C-498/10

Links:

Bailii

Jurisdiction:

European

Citing:

OpinionX v Staatssecretaris Van Financien ECJ 21-Dec-2011
Opinion – Freedom to provide services – Obligation on the resident recipient of a service to withhold tax at source from remuneration if the service provider is resident in another Member State – Discrimination – Restriction – Grounds of . .
Lists of cited by and citing cases may be incomplete.

European, Taxes Management

Updated: 05 November 2022; Ref: scu.465024

Pelati v Republika Slovenija: ECJ 18 Oct 2012

ECJ Approximation of laws – Directive 90/434/EEC – Common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States – Article 11(1)(a) – National legislation under which authorisation must be obtained for the grant of tax advantages – Application for authorisation to be made at least 30 days before the proposed operation is effected

Citations:

[2012] EUECJ C-603/10

Links:

Bailii

Jurisdiction:

European

European

Updated: 05 November 2022; Ref: scu.465019

Bhavyesh and Others, Regina (on The Application of) v Secretary of State for The Home Department: Admn 26 Jul 2012

Rolled up hearing for permission and, if permission be granted, the substantive hearing of a challenge to an amendment made in November 2010 to the Immigration Rules laid before Parliament by the respondent, Secretary of State. In essence, these claimants challenge those parts of the rules that require a person seeking entry clearance to join a spouse settled in the United Kingdom having to demonstrate an understanding of the English language and the British way of life subject to certain exceptions that are not material.
Held: Blake J said: ‘… members of such a class are the beneficiaries of a special legal regime, in a different position from either aliens or generally, or British citizens who fall altogether outside the scope of EU law. They are thus incapable of being a comparator class, or a group who are analogously situated with the claimants.’

Judges:

Blake J

Citations:

[2012] EWHC 2789 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedNouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until . .
Lists of cited by and citing cases may be incomplete.

Immigration, European

Updated: 05 November 2022; Ref: scu.464958

A M L Van Rouge v Dagelijks Bestuur Van Het Waterschap De Dommel (Gebr Van Aarle Bv, Third Party): ECJ 15 Oct 1999

ECJ The directive relating to the discharge of dangerous substances into aquatic environments, included the precipitation of contaminated steam onto a water course. Pollution is defined as discharge into the water, and discharge as introduction of listed substances into the water. The contaminated steam settled upon the water and contaminated it. Not to prosecute would limit the effectiveness of the Directive.

Citations:

Times 15-Oct-1999, C-231/97, [1999] EUECJ C-231/97

Links:

Bailii

Statutes:

Council Directive 76/464/EEC On pollution caused by certain dangerous substances discharged into the aquatic environment.

Jurisdiction:

European

Environment

Updated: 05 November 2022; Ref: scu.77590

Alliance One International And Standard Commercial Tobacco v Commission: ECJ 12 Jan 2012

ECJ Opinion – Appeals – Competition – Agreements, decisions and concerted practices – Article 81 EC – Article 23 of Regulation (EC) No 1/2003 – Spanish market in raw tobacco – Price-fixing and market-sharing – Liability of a parent company for cartel offences of its subsidiary – Criteria for the attribution of liability for infringements within a group of undertakings – Limits of the Commission’s discretion in imposing fines – Principle of equal treatment – Prohibition of discrimination by the Commission against participants in a cartel – Obligation to state the reasons on which a decision is based – Prohibition of subsequently adding reasons for the decision on fines in the judicial proceedings

Judges:

Kokott AG

Citations:

C-628/10, [2012] EUECJ C-628/10 – P – O

Links:

Bailii

Citing:

See AlsoAlliance One International And Standard Commercial Tobacco v Commission ECJ 14-Sep-2011
ECJ Order of the President . .

Cited by:

OpinionAlliance One International And Standard Commercial Tobacco v Commission ECJ 19-Jul-2012
ECJ Appeals – Competition – Agreements, decisions and concerted practices – Spanish market for the purchase and first processing of raw tobacco – Price-fixing and market-sharing – Infringement of Article 81 EC – . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 04 November 2022; Ref: scu.463179

Lonsdale v Howard and Hallam Ltd: CA 8 Feb 2006

The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise.
Held: ‘there is no clear agreement on the principles governing the assessment of compensation under regulation 17(6) . . . the common law concept of mitigation has no part to play in the exercise, so that the court is not concerned with any steps that the agent might have taken to obtain other employment following the termination of the agency, and that a broad approach is to be adopted to the assessment of compensation.
However the basis of calculation remains unclear . . The two years’ commission rule derived from the practice of the French courts . . has been widely regarded as unsatisfactory and has rarely been applied. . [R]egulation 17(6) requires them to make an award of compensation that is just and equitable in all the circumstances, rather than an award that compensates the agent for any specific loss he has suffered.’ The Directive had not sought to impose a consistent method of calculation of compensation, but ‘the purpose of the regulation is not to provide compensation for damage caused by a breach of duty (for which a claim could be made outside the terms of the Regulations in any event), but to provide compensation for the loss of goodwill for which a claim would not otherwise arise.’ The damages did not only consist of loss of goodwill, but also loss of earnings. ‘The damage suffered by the agent as a result of the termination of his relations with his principal is normally the loss of the agency business, including whatever goodwill attaches to it.’ Any valuation should be at the date of termination.

Citations:

Times 21-Feb-2006, [2006] EWCA Civ 63, [2006] 1 WLR 1281

Links:

Bailii

Statutes:

Commercial Agents (Council Directive) Regulations 1993, Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents

Jurisdiction:

England and Wales

Citing:

CitedKing v T Tunnock Limited IHCS 2000
The pursuer had been employed as a commercial agent by the defendant which carried on business as a baker. The pursuer sold only the defendant’s cakes and biscuits. The defendant decided to close its bakery business. The claimant sought compensation . .
CitedTigana Ltd v Decoro Ltd QBD 3-Feb-2003
The claimant sought compensation after its sales agency agreement with the defendant was terminated. He had opened up several substantial sales channels for the respondent’s products within the UK. There were difficulties in the products (leather . .
CitedIngmar GB Ltd v Eaton Leonard Inc QBD 31-Jul-2001
The applicants sought damages as commercial agents following the termination of their exclusive agency for the sale of the respondents goods in the UK. The defendants claimed the contract was governed exclusively by Californian law. The European . .
CitedPage v Combined Shipping and Trading Co Ltd CA 24-May-1996
Mr Page was taken on to trade in commodities for the defendant for a minimum period of four years. Six months later the defendant’s parent company decided to cease trading activities, and he began proceedings claiming compensation under regulation . .
CitedDuffen v Fra Bo Spa CA 30-Apr-1998
The plaintiff had been appointed as an exclusive sales agent for the defendant for a minimum period of four years. The defendants terminated it eighteen months early claiming fraudulent misrepresentation.
Held: The clause setting the damages . .
Doubted in partPJ Pipe and Valve Co. Ltd. v Audco India Ltd QBD 2-Sep-2005
The claimant was an agent in the petrochemical industry promoting and selling the defendant’s valves. There were two agency agreements, one relating solely to products to be supplied to a particular petro-chemical complex in Nanhai, the other being . .
CitedPure Fishing (UK) Ltd v Cooper Watkins and Bartle CA 29-Sep-2003
The claimant sought a compensation payment under the Regulations after its sales agency for fishing tackle was terminated. The defendant argued that compensation was payable only where the agency was terminated before its term.
Held: The . .
CitedLitster and Others v Forth Dry Dock and Engineering Co Ltd HL 16-Mar-1989
The twelve applicants had been unfairly dismissed by the transferor immediately before the transfer, and for a reason connected with the transfer under section 8(1). The question was whether the liability for unfair dismissal compensation . .
CitedLight and Others v Ty Europe Ltd CA 25-Jul-2003
The claimants sought damages under the regulations. They were self employed sales agents. At first they were sub agents but upon the ceasing to trade of the main agents they had acted directly for the principal. Those agencies had been terminated. . .
CitedFrancovich, Bonifaci and others v Italy ECJ 19-Nov-1991
LMA The claimants, a group of ex-employees sought arrears of wages on their employers’ insolvency. The European Directive required Member States to provide a guarantee fund to ensure payment of employees’ arrears . .

Cited by:

CitedKing v RCO Support Services Limited and Yorkshire Traction Company Limited CA 8-Dec-2000
The appellant was employed by the first respondents as a steam cleaning operative. The first respondent had contracted to supply cleaning services to the second respondent at one of the second respondent’s yards, where buses were cleaned. The . .
CitedClarke v Kato and Others; Cutter v Eagle Star Insurance Co Ltd HL 25-Nov-1998
Save exceptionally, a car park is not a road for the purposes of road traffic legislation on obligatory insurance. It is an unjustified strain on the language. A distinction made between the road ways and the parking bays was artificial and . .
Appeal fromLonsdale (T/A Lonsdale Agencies) v Howard and Hallam Ltd HL 4-Jul-2007
The claimant sought compensation after his commercial agency was terminated. The court had found that the agency was declining in turnover, and reduced the compensation accordingly. There had been no written agreement for the agency, and six months’ . .
Lists of cited by and citing cases may be incomplete.

Agency, European

Updated: 04 November 2022; Ref: scu.238356

Regina v Secretary of State for Trade and Industry, ex parte British Telecommunications: ECJ 12 Dec 1996

ECJ 1 Approximation of laws – Telecommunications services – Open network provision to leased lines – Directive 92/44 – Scope – `Telecommunications organizations’ defined as bodies holding special or exclusive rights – Concept
(Council Directives 90/387, Arts 1(1) and 2(1), and 92/44, Art. 2(1); Commission Directives 90/388 and 94/46, Art. 2)
2 Approximation of laws – Telecommunications services – Open network provision to leased lines – Directive 92/44 – Bodies holding special or exclusive rights – Identification – Fact of having been the subject of a notification made pursuant to the second subparagraph of Article 2(1) of Directive 90/387 – Holding of an operating licence required by national law but granted on a non-discriminatory basis – Enjoyment of special prerogatives granted on a non-discriminatory basis permitting telecommunications networks to be set up – Irrelevant (Council Directives 90/387, Art. 2(1), second subpara., and 92/44)
3 Approximation of laws – Telecommunications services – Open network provision to leased lines – Directive 92/44 – Bodies holding special or exclusive rights – Concept – Undertakings with exclusive responsibility for operating international lines – Undertaking responsible for the exclusive operation of a public telecommunications network covering part of the country – Included (Council Directives 90/387, Art. 2(1) and 92/44)
4 Approximation of laws – Telecommunications services – Open network provision to leased lines – Directive 92/44 – Obligation to provide a minimum set of leased lines imposed by a Member State only on certain telecommunications organizations – Whether permissible – Conditions
(Council Directive 92/44, Art. 7)
5 Community law – Principles – Proportionality – Obligation referred to in Directive 92/44 to provide, irrespective of whether there is an actual demand, a certain number of lines complying with certain technical characteristics – Breach – None

Citations:

C-302/94, [1996] EUECJ C-302/94

Links:

Bailii

Jurisdiction:

European

European, Utilities

Updated: 04 November 2022; Ref: scu.161462

Clientearth, Regina (on The Application of) v Secretary of State for Environment, Food and Rural Affairs: CA 30 May 2012

The claimant appealed against refusal of its request for declaratory relief, the respondent having admitted failing to implement the Directive on the control of nitrogen dioxide.
Held: The appeal failed. The judge had been correct that the compliance by the respondent was not mandatory as to the time suggested. He was correct: ‘I cannot accept that the legislature intended by the terms of Article 22 to create a mandatory and absolute cut-off point for compliance with NO2 limit values as at 1 January 2015. ‘
and ‘it seems to me that he was, with respect, plainly right and the contrary is not contended. His judgment speaks as a declaration. No substantive issue of effective judicial protection arises from his refusal to grant a formal declaration.’

Judges:

Laws, Pitchford LJJ, Sir John Chadwick

Citations:

[2012] EWCA Civ 897, [2013] Env LR 4

Links:

Bailii

Statutes:

Directive 2008/50/EC

Jurisdiction:

England and Wales

Citing:

Appeal fromClientearth, Regina (on The Application of) v Secretary of State for The Environment, Food and Rural Affairs Admn 13-Dec-2011
The claimant sought declaratory and mandatory orders in respect of the Government’s failure to comply with emission limits set by Directive 2008/50/EC of the European Parliament and Council of 21 May 2008. Article 13 of that Directive required . .

Cited by:

Appeal 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 . .
Appeal fromClientearth, Regina (on The Application of) v Secretary of State for The Environment, Food and Rural Affairs SC 29-Apr-2015
The applicant had challenged the failure by the governement to secure appropriate air quality standards. The question had earlier been referred to the ECJ, and the Court now considered the appropriate orders following the ECJ judgment.
Held: . .
Lists of cited by and citing cases may be incomplete.

Environment, European

Updated: 03 November 2022; Ref: scu.461947

Imperial Chemical Industries v Commission: ECFI 5 Jun 2012

ECFI Competition – Agreements, decisions and concerted practices – Methacrylates market – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Participation in a part of the cartel – Rights of the defence – Fines – Obligation to state the reasons on which the decision is based – Gravity of the infringement – Deterrent effect – Equal treatment – Proportionality – Principle of sound administration – Cooperation during the administrative procedure – Duration of procedure – Reasonable time

Judges:

Czucz P

Citations:

T-214/06, [2012] EUECJ T-214/06

Links:

Bailii

European, Commercial

Updated: 01 November 2022; Ref: scu.460218

Wohlfahrt v OHMI – Ferrero (Kindertraum): ECFI 16 May 2012

ECFI Community trade mark – Opposition proceedings – Application for Community word mark Kindertraum – Earlier national word mark Kinder – Relative ground for refusal – Proof of use of the earlier mark – Article 42, paragraph 2 of Regulation (EC) No 207/2009 – Risk of confusion – Article 8, paragraph 1, sub b) of Regulation No 207/2009

Judges:

Papasavvas P

Citations:

T-580/10, [2012] EUECJ T-580/10

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009 2

European, Intellectual Property

Updated: 28 October 2022; Ref: scu.459588

Regina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan Garcia: CA 23 Feb 1996

A Local Authority has a duty to house European Union migrants even without leave to stay as long as they are looking for work. EU nationals who were properly entering the UK were owed the Housing Act duties until they were told that they were overstaying.

Citations:

Independent 23-Feb-1996, Gazette 20-Mar-1996, Times 27-Feb-1996, (1996) 28 HLR 616

Statutes:

Housing Act 1985 63 65

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan-Garcia QBD 11-Oct-1995
An applicant’s immigration status was proper factor in assessing housing need. A Local Authority may look to whether an EC national has right of residence before assessing its own duty to house the applicant. . .

Cited by:

Appealed toRegina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan-Garcia QBD 11-Oct-1995
An applicant’s immigration status was proper factor in assessing housing need. A Local Authority may look to whether an EC national has right of residence before assessing its own duty to house the applicant. . .
CitedLondon Borough of Barnet v Ismail and Another CA 6-Apr-2006
The court considered the entitlement to housing support of nationals of other EEA states receiving Income Support here despite their being still subject to immigration control.
Held: Such EEA nationals were eligible for housing benefit. The . .
Lists of cited by and citing cases may be incomplete.

Housing, Immigration, European

Updated: 27 October 2022; Ref: scu.88300

Regina v Secretary of State for the Home Department Ex Parte Vitale: CA 26 Jan 1996

The appellant, who was an Italian citizen, claimed that Article 8(a) conferred an unlimited right to reside in the United Kingdom.
Held: The court rejected that argument. Staughton LJ said that it was clear that Article 8(a) could not be taken to have replaced Directives 90/364, 90/365 and 90/366: ‘Each of these directives was a measure adopted to give effect to the Treaty, and each of them contained the limitation on the right of residence that the visiting national should not become a burden on the social assistance system of the host member state. The right of residence conferred by art 8a is, therefore, in our view, still subject to that limitation. As for the submission that all nationals now have a general right of residence by virtue of art 8a, this seems to us to ignore the plain words that the art 8a right of residence is made subject to the limitations and conditions contained in measures such as these directives. In our judgment, there is at the moment no unqualified right of residence of the kind claimed by the appellant.’ Freedom of movement for workers in EU depended on intention to work- economic.

Judges:

Staughton LJ

Citations:

Times 26-Jan-1996, [1996] All ER (EC) 461

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Secretary of State for Home Department Ex Parte Vitale; Regina v Same Ex Parte Do Amaral QBD 18-Apr-1995
A European Union citizen’s right to stay in UK is not unqualified, he must expect to have to seek or find work. The decision of the Home Secretary could be judicially reviewed and ‘in the course of his appeal before the Social Security Appeal . .

Cited by:

CitedAli v Secretary of State for the Home Department CA 3-May-2006
The applicants sought asylum. Their child had a right of residence as a European citizen.
Held: The applicants could not rely upon their child’s right of residence to establish one for themselves. . .
Lists of cited by and citing cases may be incomplete.

Immigration, European

Updated: 27 October 2022; Ref: scu.87918

Marchant and Eliot Underwriting Ltd v Higgins: CA 12 Jan 1996

‘Pay now sue later’ clauses in agency contracts is not breach of EU treaty.

Citations:

Times 12-Jan-1996, Lloyd’s List January 10 1996, [1996] 2 Lloyd’s Rep 31, [1996] CLC 327, [1996] 3 CMLR 349, [1997] ECC 47, [1996] 5 Re LR 63

Jurisdiction:

England and Wales

Citing:

Appeal fromMarchant and Eliot Underwriting Ltd v Dr Higgins ComC 24-Oct-1995
cw European Union – competition – Lloyd’s – article 85(1) – RSC Order 14 – cash call on underwriters – unlawful attempt to enforce anti-competitive object of Central Fund – Agency Agreement Bye-law – standard . .

Cited by:

Appealed toMarchant and Eliot Underwriting Ltd v Dr Higgins ComC 24-Oct-1995
cw European Union – competition – Lloyd’s – article 85(1) – RSC Order 14 – cash call on underwriters – unlawful attempt to enforce anti-competitive object of Central Fund – Agency Agreement Bye-law – standard . .
Lists of cited by and citing cases may be incomplete.

Insurance, European

Updated: 27 October 2022; Ref: scu.83402

Fitzgerald and Others v Williams and Others O’Regan and Others v Same: CA 3 Jan 1996

Security for costs should not to be granted against an EC National in the absence of some particular difficulty. The Treaty required citizens of other states which were signatories of the convention. The importance of accurate evidence is particularly acute on an application without notice, and the duty of disclosure on such an application was stressed

Judges:

Sir Thomas Bingham MR

Citations:

Times 03-Jan-1996, Ind Summary 12-Feb-1996, [1996] 2 WLR 447, [1996] QB 657

Statutes:

EC Treaty Arts 6, 220, Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (OJ 1972 L299/32)

Jurisdiction:

England and Wales

Citing:

ReconsideredPorzelack KG v Porzelack (UK) Ltd 1987
When considering an application for security for costs against a litigant resident in the EU, the courts must allow for the new additional scope for enforcement of any judgment under the 1982 Act. In this case, an order for security for costs . .
ReconsideredDe Bry v Fitzgerald CA 1990
A request was made for security for costs in a large sum against a foreign resident party: ‘The more usual course might have been to order security, if security was to be ordered at all, in a relatively small sum in the first place, leaving the . .
ReconsideredBerkeley Administration Inc v McClelland CA 1990
There is no legally acceptable basis on which the benefit of an undertaking, to which a member of a group of companies is entitled, may be claimed on behalf of the group as a whole. The court discussed who had the benefit of cross undertakings given . .
AppliedMund and Fester v Hatrex Internationaal Transport ECJ 10-Feb-1994
(Judgment) A presumption against the successful enforcement of a judgment was not valid against an EU member. . .

Cited by:

CitedAbraham and Another v Thompson and Another CA 24-Jul-1997
The plaintiffs appealed an order that they should disclose who if any had funded their case. The case concerned failed business ventures in Portugal. . .
CitedGhafoor and others v Cliff and others ChD 11-Apr-2006
The applicant had obtained revocation of a grant of administration ad colligenda bona in the estate, and having succeeded, now sought costs. The question was whether there had been proper reasons for the application for the grant. The deceased’s . .
Lists of cited by and citing cases may be incomplete.

Costs, European

Updated: 27 October 2022; Ref: scu.80580

Regina v Secretary of State Home Department, ex parte Mehmet Colak: CA 6 Jul 1993

The Home Office was entitled to return refugees to the country in which they had first stopped if it was a Community State.

Citations:

Times 06-Jul-1993

Jurisdiction:

England and Wales

Citing:

See AlsoRegina v Secretary of State for the Home Dept Ex Mehmet Colak CA 19-Jan-1994
Return to intermediate country by refugee not challengeable under art 8a. . .

Cited by:

See AlsoRegina v Secretary of State for the Home Dept Ex Mehmet Colak CA 19-Jan-1994
Return to intermediate country by refugee not challengeable under art 8a. . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Immigration, European

Updated: 26 October 2022; Ref: scu.87989

Regina v Secretary of State for the Home Department ex parte Marchon: CA 23 Feb 1993

It was permissible for the Home Secretary to order the deportation of a convicted drug trafficker for the public good, even though he was an EC national, and though there was nothing to suggest any propensity to commit any further offences. It was not necessary to show that the offence was so notorious as to require special treatment. The offence here was sufficiently serious to justify such an action.

Citations:

Times 23-Feb-1993, [1993] Imm AR 384

Jurisdiction:

England and Wales

Cited by:

CitedB v Secretary of State for Home Department CA 18-May-2000
The claimant had come to England as a child from Italy. As an adult, he was convicted of a sexual assault against his daughter, and after release from his prison sentence of five years, he now appealed against a deportation order, saying that the . .
Lists of cited by and citing cases may be incomplete.

Crime, Immigration, European

Updated: 26 October 2022; Ref: scu.87877

Chiron Corporation and Others v Murex Diagnostics Ltd: CA 14 Oct 1994

ECJ judgments make a UK court functus officio only after their full judgment has been delivered. Where judgment had already been given, it was no longer possible for the defendant in an action to seek a reference to the European Court on refusal of an application for leave to appeal to the House of Lords. The decision of the House as to leave was a judicial one and not merely administrative.

Citations:

Ind Summary 24-Oct-1994, Times 14-Oct-1994

Jurisdiction:

England and Wales

Citing:

See AlsoChiron Corporation v Organon Teknika Ltd; Same v Murex Diagnostics (No 7) ChD 17-Feb-1994
The issue of loss in a prior patent challenge is res judicata in later proceedings despite the presence of experimental difficulties leading to ipossibly severe time limits. A patent applicant has no duty to inform the Patent Office of matters . .
See AlsoChiron Corporation and Others v Murex Diagnostics Ltd (No 11) ChD 15-Mar-1996
A large interim award of damages can be proper if it is less than the likely damages which would be awarded at trial despite their remaining outstanding issues of fact to be decided. . .
See AlsoChiron Corporation v Organon Teknika (No 2) CA 1993
Section 44 could be used in a patent contract dispute even though the patent at issue was governed by the law of a foreign state which would not itself have applied that section. . .

Cited by:

See AlsoChiron Corporation v Organon Teknika Ltd; Same v Murex Diagnostics (No 7) ChD 17-Feb-1994
The issue of loss in a prior patent challenge is res judicata in later proceedings despite the presence of experimental difficulties leading to ipossibly severe time limits. A patent applicant has no duty to inform the Patent Office of matters . .
See AlsoChiron Corporation and Others v Murex Diagnostics Ltd (No 11) ChD 15-Mar-1996
A large interim award of damages can be proper if it is less than the likely damages which would be awarded at trial despite their remaining outstanding issues of fact to be decided. . .
Lists of cited by and citing cases may be incomplete.

European, Litigation Practice

Updated: 26 October 2022; Ref: scu.79095

Bourgaux v Common Assembly: ECJ 17 Dec 1956

ECJ 1. The general wording of article 42 of the treaty makes it impossible to conclude that an arbitration clause can be subject to a binding legal limitation which in this case would rule out the remedy of an application for annulment.
The remedies available in administrative matter to the staff of all four institutions are organically distinct from the restricted nature of the review by the court which, under article 38 of the treaty, applies to the activities of the assembly as an institution.
Since the aim of these remedies is to restore contractual rights or rights under the staff regulations which have been interfered with it involves the right to apply for the annulment of any measure infringing them.
2. By limiting the duration of contracts of employment the parties did not intend that they should come to an end by the mere efflux of the term fixed; but to provide for a transitional situation made necessary in view of the time required to draft staff regulations.
3. If departments are reorganized and staff is reduced the allocation of posts among former holders is within the discretion of the administration, but it is for the court to consider whether this discretion has been lawfully exercised or whether the relevant decision amounts to a misuse of powers either because a right vested in the servant concerned by virtue of his grade and seniority was wilfully disregarded or because it was a concealed disciplinary measure.
If departments are reorganized the decision to assign a servant to a new post must be based on personal qualifications having regard to the abilities required for each new post together with experience in the relevant field.
If assignment to another post having the same grade is impossible, the administration, in the absence of a provision under the contract or the staff regulations, is not under a duty to offer the servant a position subordinate to the one which has been abolished.
4. When the committee of presidents used the expression ‘ final adoption ‘ in relation to the wording of a draft of the staff regulations it was not prejudging the date of the entry into force of the staff regulations, since that was dependent on steps to be taken by each of the four institutions.
5. The fact that a servant’s contract of employment was concluded before the entry into force of the staff regulations does not imply that the provisions of a draft of the staff regulations which have not yet entered into force, especially those providing for and regulating the assignment of non-active status, are to be applied in their entirety in advance.
Nevertheless, if an employee’s post is abolished and he cannot be assigned to another post the administration must be guided by the draft of the staff regulations as far as the payment of fair compensation for the damage suffered is concerned.
6. The question whether an action is unreasonable and vexatious and for this reason justifies an order that the applicant must pay the costs must be determined subjectively from the point of view of the applicant.

Citations:

C-1/56, [1956] EUECJ C-1/56

Links:

Bailii

Jurisdiction:

European

European

Updated: 23 October 2022; Ref: scu.131557

L’Oreal Sa and Others v Ebay International Ag and Others: ChD 22 May 2009

The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site.
Held: The ECJ had not yet clarified the law on accessory liability in trade mark infringement, and the legislation remained unclear. Many of the direct sellers were held to be selling in infringement of the claimants marks. Guidance from the ECJ was required to establish whether the first defendants were also infringing. eBay was under no legal duty to prevent infringement and facilitation of infringement with knowledge and an intention to profit was not enough to render it liable.

Judges:

Arnold J

Citations:

[2009] EWHC 1094 (Ch), [2009] RPC 21, [2009] ETMR 53

Links:

Bailii

Statutes:

Trade Marks Act 1994, First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks 5, Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products

Jurisdiction:

England and Wales

Citing:

CitedInterflora, Inc and Another v Marks and Spencer Plc and Another ChD 22-May-2009
Each of the parties provided a service delivering flowers. The claimant had a trade mark, and the defendants each purchased the use of that trade mark and variations of it with a search engine (Google) so that a search under the trade mark produced . .
CitedQuads 4 Kids v Campbell 2006
. .
CitedBayerische Motorenwerke AG (BMW) and BMW Nederland BV v Deenik ECJ 23-Feb-1999
The expressions complained of as trade mark infringements were ‘BMW specialist,’ ‘Specialised in BMWs’ and ‘Repairs and maintenance of BMWs’.
Held: The Court proceeded on the basis that this was an Art.5(1)(a) case of identical marks and . .
CitedArsenal Football Club plc v Reed ECJ 12-Nov-2002
The trade mark owner sought orders against a street vendor who sold articles using their marks. He asserted that the marks were not attached to show any quality, but were used by the fans as badges of allegiance.
Held: The function of a trade . .
CitedSilhouette International Schmied GmbH and Co KG v Hartlauer Handelsgesellschaft mbH ECJ 16-Jul-1998
National Trade Mark rules providing for exhaustion of rights in Trade Marks for goods sold outside area of registration were contrary to the EU first directive on trade marks. A company could prevent sale of ‘grey goods’ within the internal market. . .
CitedO2 Holdings Limited and O2 (UK) Limited v Hutchison 3G UK Limited ECJ 12-Jun-2008
Use of trade mark in coparative advertising
Europa Trade marks Directive 89/104/EEC Article 5(1) Exclusive rights of the trade mark proprietor Use of a sign identical with, or similar to, a mark in a comparative advertisement Limitation of the effects of a . .
CitedSebago and Maison Dubois et Fils SA v GB-Unic SA ECJ 1-Jul-1999
The fact that specific goods bearing a Trade Mark had been authorised for distribution within the EEA, did not mean that the relative trade mark rights had been exhausted. They would only be exhausted where the consent related to each individual . .
CitedRobelco v Robeco Groep NV ECJ 21-Nov-2002
Europa Directive 89/104/EEC – Article 5(5) – Provisions on protection against use of a sign other than for the purposes of distinguishing goods or services – Extent of such protection – Signs similar to the mark. . .
CitedAdam Opel AG v Autec AG, intervener: Deutscher Verband der Spielwaren-Industrie eV (Approximation Of Laws) ECJ 25-Jan-2007
Europa Reference for a preliminary ruling Trade Marks Article 5(1)(a) and (2), and Article 6(1)(b) of the First Directive 89/104/EEC Right of a trade mark proprietor to prevent use by a third party of a sign . .
CitedAnheuser-Busch v Budejovicky Budvar, narodni podnik ECJ 16-Nov-2004
Agreement establishing the World Trade Organisation – Articles 2(1), 16(1) and 70 of the TRIPs Agreement – Trade marks – Scope of the proprietor’s exclusive right to the trade mark – Alleged use of the sign as a trade name. . .
CitedCeline SARL v Celine SA (Approximation Of Laws) ECJ 18-Jan-2007
Celine SA, set up before 1945, traded in Paris creating and marketing clothes and accessories, and had a French registered trade mark Celine for clothes and shoes. Celine Sarl was set up in 1992 as successor to a business selling clothing and . .
CitedZino Davidoff SA v A and G Imports Ltd etc ECJ 20-Nov-2001
An injunction was sought to prevent retailers marketing in the EEA products which had been obtained outside the EEA for resale within the EEA but outside the controlled distribution system.
Held: Silence alone was insufficient to constitute . .
CitedVan Doren + Q GmbH v Lifestyle sports + sportsewar Handelgesellschaft mbH and another ECJ 8-Apr-2003
The claimant was exclusive agent for the trademark holder for Germany. The defendant sold goods it had not bought from the claimant, but bearing the mark. The defendant alleged exhaustion of the claimant’s rights.
Held: The burden of proving . .
CitedPeak Holding AB v Axolin-Elinor AB (formerly Handelskompaniet Factory Outlet i Loddekopinge AB) ECJ 30-Nov-2004
ECJ (Approximation Of Laws) Trade marks – Directive 89/104/EEC – Article 7(1) – Exhaustion of the rights conferred by a trade mark – Putting on the market of the goods in the EEA by the proprietor of the trade . .
CitedMontex Holdings v Diesel (Free Movement Of Goods) ECJ 9-Nov-2006
Montex sold jeans in Ireland where the mark Diesel was not protected. The jeans were made by the manufacture of pieces in Ireland (including pieces with the mark on), exporting them under a customs seal procedure to Poland where they were made up . .
CitedBristol-Myers Squibb and others v Paranova ECJ 11-Jul-1996
ECJ 1. Reliance by a trade mark owner on his rights as owner in order to prevent an importer from marketing a product which was put on the market in another Member State by the owner or with his consent where . .
CitedPharmacia and Upjohn SA, formerly Upjohn SA v Paranova A/S ECJ 12-Oct-1999
ECJ Trade-mark rights – Pharmaceutical products – Parallel imports – Replacement of a trade mark. . .
CitedLoendersloot v Ballantine and Son and others ECJ 11-Nov-1997
ECJ Article 36 of the EC Treaty – Trade mark rights – Relabelling of whisky bottles. . .
CitedParfums Christian Dior v Evora BV ECJ 4-Nov-1997
ECJ As a court common to more than one Member State which has the task of ensuring that the legal rules common to the three Benelux States are applied uniformly and reference to which is a step in the proceedings . .
CitedCopad SA v Christian Dior couture SA, Vincent Gladel, as liquidator of Societe industrielle lingerie (SIL), Societe industrielle lingerie (SIL) ECJ 23-Apr-2009
ECJ Directive 89/104/EEC – Trade-mark law Exhaustion of the rights of the proprietor of the trade mark – Licence agreement – Sale of goods bearing the trade mark in disregard of a clause in the licence agreement . .
CitedBoehringer Ingelheim KG and Others v Swingward Ltd and Another ECJ 23-Apr-2002
The applicant sought to restrict the right of parallel importers of its goods to repackage the goods, and re-supply them in packaging on which their trade mark had been re-applied.
Held: The prohibition of quantitative restrictions on imports . .
CitedMichael Holterhoff v Ulrich Freiesleben ECJ 14-May-2002
A trade mark was found to have been used to describe a method of cutting precious stones, rather than to identify their producer. . .
CitedBoehringer Ingelheim KG v Swingward Ltd ECJ 6-Apr-2006
Opinion – 1. In the present case the Court of Appeal (England and Wales) (Civil Division) seeks further guidance from the Court of Justice on the effect of the latter’s judgment in Boehringer Ingelheim and Others (‘Boehringer I’). (2) That case . .
CitedMastercigars Direct Ltd v Hunters and Frankau Ltd CA 8-Mar-2007
An allegation was made that Cuban cigars imported by the claimant infringed the trade marks of the respondents being either counterfeit or parallel imports, and were impounded. The claimant sought a declaration of non-infringement and their release, . .

Cited by:

CitedTwentieth Century Fox Film Corporation and Another v Newzbin Ltd ChD 29-Mar-2010
The defendant operated a web-site providing a search facility of the Usenet news system which allowed its users to locate copies of films online for downloading. The claimant said this was an infringement of its copyrights.
Held: The defendant . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 21 October 2022; Ref: scu.346317

Bolagsupplysningen and Ilsjan (Area of Freedom, Security and Justice – Judicial Cooperation In Civil Matters Area of Freedom, Security and Justice : Judgment): ECJ 17 Oct 2017

Citations:

C-194/16, [2017] EUECJ C-194/16, [2018] EMLR 8, [2018] 3 WLR 59, [2018] CEC 364, ECLI:EU:C:2017:766, [2017] ILPr 41, [2017] WLR(D) 665, [2018] QB 963

Links:

Bailii, WLRD

Jurisdiction:

European

Cited by:

CitedWright v Granath QBD 16-Jan-2020
Defamation across borders – Jurisdiction
The claimant began an action for defamation in an online publication. The Norwegian resident defendant had begun an action there seeking a declaration negating liability. The Court was now asked by the defendant whether under Lugano, the UK action . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 15 October 2022; Ref: scu.598843

H Lundbeck A/S (Patent): IPO 10 Jul 2002

IPO The applicants did not offer observations to meet the examiners objection that the product had already been the subject of a certificate. Subsequent warnings that failure to reply would result in rejection and an invitation to be heard also failed to illicit a response. Therefore the application for an SPC was rejected.

Judges:

Mr R Walker

Citations:

[2002] UKIntelP o27502, O/275/02, SPC/GB/98/010

Links:

PO, PO, Bailii

Intellectual Property, European

Updated: 15 October 2022; Ref: scu.455187

Consorzio per la tutela del formaggio Gorgonzola v Kaserei Champignon Hofmeister GmbH and Co KG: ECJ 4 Mar 1999

Upon the registration of a PDO (‘protected designation of origin’) national rules ceased to apply and ‘only the legal rules laid down in the Regulation are, together with the Treaty rules, relevant for the purpose of answering the questions referred about the scope of the protection of the PDO. The protection of the PDO is now guaranteed by Community law.

Citations:

C-87/97, [1999] ECR I-1301

Jurisdiction:

European

Cited by:

CitedConsorzio Del Prosciutto Di Parma v Asda Stores Limited and others HL 8-Feb-2001
The name ‘Parma Ham’ was controlled as to its use under Italian law, and the associated mark, the ‘corona ducale’, was to be applied to a sale of Parma Ham, including any packaging. Proper Parma Ham was imported and resold through the defendant’s . .
Lists of cited by and citing cases may be incomplete.

European, Commercial, Intellectual Property

Updated: 11 October 2022; Ref: scu.162066

Felix Palacios de la Villa v Cortefiel Servicios SA: ECJ 16 Oct 2007

ECJ (Grand Chamber) Spain had legislated for compulsory retirement when it wanted to encourage recruitment; then abolished it when economic circumstances improved and it wanted to encourage people to stay in work; and then reintroduced it by allowing collective agreements to prescribe retirement ages, provided that the worker had qualified for a retirement pension.
Held: Despite recital 14, requiring retirement at a particular age is direct age discrimination within the meaning of article 2(1) and 2(2)(a) and has therefore to be justified. But this did not preclude national legislation allowing for this, even if the social policy aims were not spelled out in the legislation, as long as it could be decided from the context and other sources what those aims were. The encouragement of recruitment was a legitimate aim. The means employed had still to be both appropriate and necessary, although member states (and where appropriate social partners) enjoyed a broad discretion in the choice both of the aims and of the means to pursue them. The measure in question did not unduly prejudice the legitimate claims of the workers because it was based, not only on a specific age, but also on having qualified for a pension.
It is not necessary for the national measure at issue, in order to be justifiable under article 6(1) of the Directive, to refer expressly to a legitimate aim of the kind envisaged in article 6(1); it suffices that ‘other elements, taken from the general context of the measure concerned, enable the underlying aim of that law to be identified for the purposes of judicial review of its legitimacy and whether the means put in place to achieve that aim are appropriate and necessary.’

Judges:

Skouris P

Citations:

Times 23-Oct-2007, [2007] ECR I-8531, C-411/05, [2009] ICR 1111, [2007]EUECJ C-411/05, [2007] Pens LR 411, [2007] IRLR 989, [2008] 1 CMLR 16, [2008] All ER (EC) 249

Links:

Bailii

Statutes:

Council Directive 2000/78/EC

Jurisdiction:

European

Citing:

OrderFelix Palacios de la Villa v Cortefiel Servicios SA ECJ 15-Feb-2007
Europa Council Directive 2000/78/EC Article 6 – General principle of Community law – Age discrimination – Compulsory retirement – Direct effect – Obligation to set aside conflicting national law. . .

Cited by:

CitedIncorporated Trustees of The National Council For Ageing v Secretary of State for Business, Enterprise and Regulatory Reform ECJ 5-Mar-2009
(Third Chamber) The trustees complained that the respondent had failed to implement the Directive, in that there remained, for example, rules allowing employers to have fixed retirement ages.
Held: The complaint failed. The Directive allowed . .
CitedRolls-Royce plc v Unite the Union CA 14-May-2009
The parties disputed whether the inclusion of length of service within a selection matrix for redundancy purposes would amount to unlawful age discrimination. The court was asked whether it was correct to make a declaratory judgment when the case . .
CitedSeldon v Clarkson Wright and Jakes (A Partnership) CA 28-Jul-2010
The claimant solicitor said that the compulsory retirement from his partnership on age grounds was discriminatory, and that the UK Regulations had not implemented the Directive fully.
Held: The appeal failed. The purpose of the provision as to . .
CitedSeldon v Clarkson Wright and Jakes SC 25-Apr-2012
The appellant claimed that the requirement imposed on him to retire from his law firm partnership on attaining 65 was an unlawful discrimination on the grounds of age.
Held: The matter was remitted to the Employment tribunal to see whether the . .
CitedO’Brien v Ministry of Justice SC 6-Feb-2013
The appellant, a part time recorder challenged his exclusion from pension arrangements.
Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 07 October 2022; Ref: scu.261649

Kurrer v Commission: ECFI 20 Mar 2012

ECFI Appeal – Staff case – Officials – Appointment – Classification in grade – Transitional rules for classification in grade on recruitment – Article 5, paragraph 4 of Annex XIII to the Staff – Principle of equal treatment

Citations:

T-441/10, [2012] EUECJ T-441/10 – P

Links:

Bailii

Jurisdiction:

Human Rights

European

Updated: 06 October 2022; Ref: scu.452247

AT v EACEA: ECJ 15 Feb 2012

ECJ Public service – Temporary agent – Evaluation Report – Finality – Limitation of Actions – Lateness – Early termination of a fixed term contract for incompetence – Judicial review – Manifest error of assessment

Citations:

F-113/10, [2012] EUECJ F-113/10

Links:

Bailii

European

Updated: 04 October 2022; Ref: scu.451289

Interedil Srl, in liquidation v Fallimento Interedil Srl, Intesa Gestione Crediti SpA: ECJ 20 Oct 2011

interedill2ECJ2011

ECJ Reference for a preliminary ruling – Whether a lower court has the power to refer a question to the Court for a preliminary ruling – Regulation (EC) No 1346/2000 – Insolvency proceedings – International jurisdiction – The centre of a debtor’s main interests – Transfer of a registered office to another Member State – Concept of establishment
‘By the second part of Question 3, the Tribunale di Bari asks, in essence, how the term ‘establishment’ within the meaning of Article 3(2) of the Regulation must be interpreted.
Article 2(h) of the Regulation defines the term ‘establishment’ as designating any place of operations where the debtor carries out a non-transitory economic activity with human means and goods.
The fact that that definition links the pursuit of an economic activity to the presence of human resources shows that a minimum level of organisation and a degree of stability are required. It follows that, conversely, the presence alone of goods in isolation or bank accounts does not, in principle, satisfy the requirements for classification as an ‘establishment’.
Since, in accordance with Article 3(2) of the Regulation, the presence of an establishment in the territory of a Member State confers jurisdiction on the courts of that State to open secondary insolvency proceedings against the debtor, it must be concluded that, in order to ensure legal certainty and foreseeability concerning the determination of the courts with jurisdiction, the existence of an establishment must be determined, in the same way as the location of the centre of main interests, on the basis of objective factors which are ascertainable by third parties.
The answer to the second part of Question 3 is therefore that the term ‘establishment’ within the meaning of Article 3(2) of the Regulation must be interpreted as requiring the presence of a structure consisting of a minimum level of organisation and a degree of stability necessary for the purpose of pursuing an economic activity. The presence alone of goods in isolation or bank accounts does not, in principle, meet that definition.’

Judges:

President of Chamber A Tizzano

Citations:

[2011] EUECJ C-396/09, [2011] WLR (D) 334, [2012] BCC 851, [2012] Bus LR 1582, [2011] ECR I-9915, [2011] BPIR 1639

Links:

Bailii, Bailii, WLRD

Statutes:

Regulation (EC) No 1346/2000

Citing:

OpinionInteredil ECJ 10-Mar-2011
ECJ Opinin – Preliminary ruling – Regulation (EC) No 1346/2000 – Insolvency proceedings – International jurisdiction – Article 3, paragraph 1 of Regulation No. 1346/2000 – Centre of main interests of the debtor – . .

Cited by:

CitedOlympic Airlines Sa Pension and Life Assurance Scheme v Olympic Airlines Sa ChD 29-May-2012
Olympic Airlines, incorporated in Greece, but with headquarters in London, went into liquidation. The pensions scheme had been run with a deficit. The trustees no sought the winding up of the company under British law.
Held: To be an . .
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 . .
CitedOlympic Airlines Sa Pension and Life Assurance Scheme, The Trustees of The v Olympic Airlines Sa SC 29-Apr-2015
The airline was incorporated in Greece but with an office in the UK. It became insolvent leaving a deficit in the UK employee pension scheme. The trustees of the fund sought a secondary insolvency within the UK, and now a reference to the European . .
Lists of cited by and citing cases may be incomplete.

European, Insolvency

Updated: 04 October 2022; Ref: scu.451141

Fantask and others v Industriministeriet: ECJ 2 Dec 1997

ECJ Directive 69/335/EEC – Registration charges on companies – Procedural time-limits under national law.

Citations:

C-188/95, [1997] EUECJ C-188/95, [1997] ECR-1 6783

Links:

Bailii

Statutes:

Directive 69/335/EEC

Jurisdiction:

European

Cited by:

CitedWalker-Fox v Secretary of State for Work and Pensions CA 29-Nov-2005
The claimant pensioner had moved to France. He sought to claim a retrospective winter fuel allowance claim. The government had eventually agreed to make payments to UK residents abroad.
Held: The claimant was deemed to have had knowledge of . .
CitedLittlewoods Ltd and Others v Commissioners for Her Majesty’s Revenue and Customs SC 1-Nov-2017
The appellants had overpaid under a mistake of law very substantial sums in VAT over several years. The excess had been repaid, but with simple interest and not compound interest, which the now claimed (together with other taxpayers amounting to 17 . .
Lists of cited by and citing cases may be incomplete.

Company, Limitation

Updated: 01 October 2022; Ref: scu.161611

Commissioners for Her Majesty’s Revenue and Customs v Rank Group plc C-260/10: ECJ 10 Nov 2011

ECJ Taxation – Sixth VAT Directive – Exemptions – Article 13B(f) – Betting, lotteries and other forms of gambling – Principle of fiscal neutrality – Mechanised cash bingo – Slot machines – Administrative practice departing from the legislative provisions – ‘Due diligence’ defence

Citations:

C-260/10, [2011] EUECJ C-260/10

Links:

Bailii

Jurisdiction:

European

Citing:

At VDT (1)The Rank Group Plc v Revenue and Customs VDT 27-May-2008
VDT EXEMPT SUPPLIES – Gaming – Mechanised cash bingo under Gaming Act 1968 s.14 excluded from exemption – Similar supplies under s.21 exempt – Whether principle of fiscal neutrality infringed – Same company . .
At VDT (2)Rank Group Ltd v Revenue and Customs VDT 19-Aug-2008
VDT COMMUNITY LAW – Fiscal neutrality – Exemption – Gaming – Provision of gaming machines excluded from exemption – Similar supplies under Part III of Gaming Act 1968 exempt – Whether principle of fiscal . .
At ChDRevenue and Customs v The Rank Group ChD 8-Jun-2009
The court was asked whether the VAT treatment of mechanised cash bingo breaches the principle of fiscal neutrality: and the core issue on the appeal is whether the burden lay on Rank to adduce evidence to prove not only that there was a difference . .
At FTTTxThe Rank Group Plc v Revenue and Customs FTTTx 11-Dec-2009
FTTTx Community Law – Fiscal neutrality – Exemption – Exclusion of provision of ‘gaming machines’ from exemption – Whether taxed machines similar to exempt machines – Relevance of regulatory regime – TNT [2009] . .

Cited by:

See AlsoCommissioners for Her Majesty’s Revenue and Customs v Rank Group plc C-259/10 ECJ 10-Nov-2011
ECJ Taxation – Sixth VAT Directive – Exemptions – Article 13B(f) – Betting, lotteries and other forms of gambling – Principle of fiscal neutrality – Mechanised cash bingo – Slot machines – Administrative practice . .
At ECJ (1)HMRC v The Rank Group Plc UTTC 4-Oct-2012
Taxation – whether gaming or betting and the different VAT Treatment of newer gaming machines. . .
At ECJ (1)HM Revenue and Customs v The Rank Group Plc CA 30-Oct-2013
The tax payer had sought repayment of sums of VAT charged to a particular form of gaming, saying that the rules infringed the principles of fiscal neutrality under European law. HMRC now appealed against a finding that the machines were exempt from . .
At ECJ (1)Revenue and Customs v The Rank Group Plc SC 8-Jul-2015
The question raised by this appeal is whether, during the period 1 October 2002 to 5 December 2005, the takings on a particular category of gaming machines operated by the appellants were subject to VAT. The answer depends on whether the takings . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 26 September 2022; Ref: scu.448354

Regina 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 entitled to take into account the size of his force, the need to perform other police functions and his budget. ‘We are quite unable to say that this Chief Constable’s decisions, taken as a whole, were such that as a matter of domestic law we can intervene.’

Citations:

Times 31-Jul-1995, Independent 28-Jul-1995, [1996] QB 197

Jurisdiction:

England and Wales

Cited by:

Appeal fromRegina 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 . .
At First InstanceRegina 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 . .
CitedCorner House Research and Others, Regina (on the Application of) v The Serious Fraud Office HL 30-Jul-2008
SFO Director’s decisions reviewable
The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had . .
Lists of cited by and citing cases may be incomplete.

Police, European

Updated: 22 September 2022; Ref: scu.86361

Evropaiki Dynamiki v Commission: ECFI 20 Sep 2011

ECFI Public service contracts – Community tendering procedure – Supply of external services for educational programmes – Award of the contract to several tenderers – Tenderer’s ranking – Action for annulment – Obligation to state the reasons on which the decision is based – Grounds for exclusion from the contract award procedure – Article 93(1)(f) of the Financial Regulation – Tender validity period – Non-contractual liability

Citations:

T-298/09, [2011] EUECJ T-298/09

Links:

Bailii

Jurisdiction:

European

European

Updated: 20 September 2022; Ref: scu.444617

P v Commissioner of Police of The Metropolis: SC 25 Oct 2017

This appeal concerns the directly effective right of police officers under EU law to have the principle of equal treatment applied to them. The question raised is whether the enforcement of that right by means of proceedings in the Employment Tribunal is barred by the principle of judicial immunity, where the allegedly discriminatory conduct is that of persons conducting a misconduct hearing. The claimant officer had suffered a serious assault followed by post-traumatic stress. She had complained that she was not given the support she needed, and that this was discriminatory. She said that the stress had led to bizarre behaviours which resulted in misconduct hearings, and her dismissal.
Held: The appeal succeeded, and the case was remitted to the ET. The reasoning in Heath v Commissioner of Police of the Metropolis in relation to EU law was unsound.
‘ the right not to be discriminated against on grounds including disability is a fundamental right in EU law, protected by article 21(1) of the Charter. It follows that, even if it is designed to protect the officer under investigation, the creation of a statutory process which entrusts disciplinary functions in relation to police officers to persons whose conduct might arguably attract judicial immunity under domestic law cannot have the effect of barring complaints by the officers to an Employment Tribunal that they have been treated by those persons in a manner which is contrary to the Directive. National rules in relation to judicial immunity, like other national rules, can be applied in accordance with EU law only in so far as they are consistent with EU law’

Judges:

Lady Hale, Lord Kerr, Lord Wilson, Lord Reed, Lord Hughes

Citations:

[2017] UKSC 65, [2018] 1 All ER 1011, [2017] WLR(D) 696, [2018] ICR 560, [2018] IRLR 66, UKSC 2016/0041

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Video Summary, SC 20170503 am Video, SC 20170503 pm Video, SC 20170504 am Video, SC 20170504 pm Video

Statutes:

Police (Conduct) Regulations 2008, Police Reform Act 2002, Equality Act 2010 39, Employment Rights Act 1996 103A, Council Directive 2000/78/EC 2(1)

Jurisdiction:

England and Wales

Citing:

At EATThe Commissioner of Police of The Metropolis v Keohane EAT 4-Mar-2014
EAT PREGNANCY AND DISCRIMINATION
An Employment Tribunal found that a Police dog handler, one of whose two narcotics Police dogs was removed from her when she told the force she was pregnant, had suffered a . .
At CAP v The Commissioner of Police for The Metropolis CA 20-Jan-2016
The claimant appealed against rejection of her claim of disability discrimination against the Police Misconduct Panel on the basis that the Panel was a judicial body and as such enjoyed immunity from suit. She had been assaulted, suffering PTSD. She . .
CitedMarleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
CitedCommission v Italy (Principles Of Community Law) French Text ECJ 24-Nov-2011
Failure of a Member State to fulfill obligations – General principle of the responsibility of the Member States for breach of Union law by one of their courts ruling in the last resort – Exclusion of all State responsibility on the basis of an . .
CitedKobler v Republik Osterreich ECJ 30-Sep-2003
The claimant’s claim had been presented to the Supreme Administrative Court in Austria, who had referred a question to the ECJ. Following the Schoning decision, the court withdrew the referral, and dismissed the claim. He now claimed damages from . .
CitedMarshall v Southampton and South West Hampshire Area Health Authority (No 2) ECJ 2-Aug-1993
The UK law limiting awards of damages in sex discrimination cases is unlawful, and fails to implement European directive fully. Financial compensation must be at a level adequate to achieve equality between the workers identified. . .
Overruled as to EU lawHeath v Commissioner of Police for the Metropolis CA 20-Jul-2004
The female civilian officer alleged sex discrimination against her by a police officer. Her complaint was heard at an internal disciplinary. She alleged sexual harrassment, and was further humiliated by the all male board’s treatment of her . .
Lists of cited by and citing cases may be incomplete.

Police, European, Discrimination

Updated: 19 September 2022; Ref: scu.597670

Brisal and KBC Finance Ireland v Fazenda Publica: ECJ 13 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Restrictions – Tax legislation – Taxation of interest received – Difference in treatment between resident financial institutions and non-resident financial institutions

Citations:

C-18/15, [2016] EUECJ C-18/15

Links:

Bailii

Jurisdiction:

European

European

Updated: 19 September 2022; Ref: scu.566895

Popperl v Land Nordrhein-Westfalen: ECJ 13 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Article 45 TFEU – Freedom of movement for workers – Civil servant of a Member State who has left the public service in order to be employed in another Member State – National legislation providing in that case for loss of the retirement pension rights acquired in the civil service and for retrospective insurance under the general old-age insurance scheme

Citations:

ECLI:EU:C:2016:550, [2016] EUECJ C-187/15

Links:

Bailii

Jurisdiction:

European

European

Updated: 19 September 2022; Ref: scu.566904

Trabelsi And Others v Council: ECFI 14 Jul 2011

ECFI Order – Interim measures – Common foreign and security policy – Restrictive measures against certain persons and entities in view of the situation in Tunisia – Freezing of funds – Application for stay of execution and provisional measures – Lack of urgency

Citations:

T-187/11, [2011] EUECJ T-187/11

Links:

Bailii

Jurisdiction:

European

Cited by:

OrderTrabelsi And Others v Council ECJ 28-May-2013
ECJ Common foreign and security policy – Restrictive measures directed against certain persons and entities in view of the situation in Tunisia – Freezing of funds – Article 17(1) of the Charter of Fundamental . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 17 September 2022; Ref: scu.442303

Seaport (NI) Ltd, Magherafelt District Council and Others v Department of the Environment for Northern Ireland: ECJ 14 Jul 2011

ECJ Opinion – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Consultation procedure – Designation of the authorities with environmental responsibilities – Time-limits set for the purposes of the consultation procedure.

Judges:

Bot AG

Citations:

C-474/10, [2011] EUECJ C-474/10

Links:

Bailii

Statutes:

Directive 2001/42/EC

Jurisdiction:

European

Cited by:

OpinionSeaport (NI) Ltd, Magherafelt District Council and Others v Department of the Environment for Northern Ireland ECJ 20-Oct-2011
Reference for a preliminary ruling – Directive 2001/42/EC – Article 6 – Designation, for consultation purposes, of an authority likely to be concerned by the environmental effects of implementing plans and programmes – Possibility of authority to be . .
Lists of cited by and citing cases may be incomplete.

European, Environment

Updated: 16 September 2022; Ref: scu.441856

France v People’s Mojahedin Organization of Iran: ECJ 14 Jul 2011

ECJ Common Foreign And Security Policy – Appeal – Restrictive measures with a view to combating terrorism – Freezing of funds and capital.

Citations:

C-27/09, [2011] EUECJ C-27/09 – P, [2011] EUECJ C-27/09 – P

Links:

Bailii, Bailii

Jurisdiction:

European

Cited by:

See AlsoFrance v People’s Mojahedin Organization of Iran ECJ 21-Dec-2011
ECJ Appeal – Common foreign and security policy – Restrictive measures directed against certain persons and entities with a view to combating terrorism – Common Position 2001/931/CFSC – Regulation (EC) No . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 16 September 2022; Ref: scu.441849

Commission v Belgium (Environment And Consumers): ECJ 30 Sep 2004

ECJ Failure to fulfill obligations – Directive 2001/18 / EC – Deliberate release of genetically modified organisms into the environment – Failure to implement within the prescribed period

Citations:

C-417/03, [2004] EUECJ C-417/03

Links:

Bailii

Statutes:

Directive 2001/18/EC

Jurisdiction:

European

Environment

Updated: 16 September 2022; Ref: scu.214651

Commission v Luxembourg C-481/03: ECJ 30 Sep 2004

ECJ (Transport) Failure to fulfill obligations – Directives 2001/12 / EC and 2001/13 / EC – Community railways – Development – Level playing, uniform and non-discriminatory access to the infrastructure – Licensing of railway undertakings – Common scheme – Failure -transposition within the prescribed period

Citations:

C-481/03, [2004] EUECJ C-481/03

Links:

Bailii

Jurisdiction:

European

Transport

Updated: 16 September 2022; Ref: scu.214653