Tag: European

Brandgroup v OHMI – Brauerei S Riegele, Inh. Riegele (Spezoomix): ECFI 1 Mar 2016

ECJ (Judgment) Community trade mark – Opposition proceedings – Application for Community word mark SPEZOOMIX – Earlier Community word mark Spezi – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207 / 2009

Citations:

T-557/14, [2016] EUECJ T-557/14, ECLI:EU:T:2016:116

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

Jurisdiction:

European

Intellectual Property

Updated: 20 May 2022; Ref: scu.560500

Commission v McBride And Others: ECJ 14 Jun 2016

ECJ (Judgment) Appeal – Resource conservation measures and restructuring of the fisheries sector – Requests for increased safety tonnage – Annulment by the European Union judicature of the decision initially rejecting those requests – Article 266 TFEU – Repeal of the legal basis on which that initial decision was founded – Competence and legal basis to adopt new decisions – Annulment by the General Court of new decisions rejecting the requests – Principle of legal certainty

Citations:

ECLI:EU:C:2016:434, [2016] EUECJ C-361/14

Links:

Bailii

Statutes:

TFEU 266

Jurisdiction:

European

Agriculture

Updated: 20 May 2022; Ref: scu.565600

Kuhne + Nagel International And Others v Commission: ECFI 29 Feb 2016

ECJ (Judgment) Competition – Cartels – International air transit services – Decision finding an infringement of Article 101 TFEU – Extra charges and pricing mechanisms that affect the final price – Effect on trade between Member States – Assessment errors – Duration of offense – amount of the fine – Paragraph 13 of the guidelines for calculating the amount of fines 2006 – sales value – mitigating circumstances – Proportionality – Rights of the defense

Citations:

T-254/12, [2016] EUECJ T-254/12, ECLI:EU:T:2016:113

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 20 May 2022; Ref: scu.560485

EGL And Others v Commission (Judgment): ECFI 29 Feb 2016

ECJ Competition – Agreements, decisions and concerted practices – International air freight forwarding services – Decision finding an infringement of Article 101 TFEU – Price fixing – Surcharges and charging mechanisms affecting the final price – Definition of the market – Effect on trade between Member States – Cooperation – Partial immunity from a fine

Citations:

T-251/12, [2016] EUECJ T-251/12, ECLI:EU:T:2016:114

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 20 May 2022; Ref: scu.560481

Commission v Portugal C-200/15: ECJ 16 Jun 2016

ECJ (Judgment) Failure to fulfill obligations – Article 110 TFEU – Internal taxation – Discriminatory taxation – used motor vehicles imported from other Member States – Determination of taxable value – Depreciation Rates

Citations:

ECLI: EU: C: 2016 453, C-200/15, [2016] EUECJ C-200/15

Links:

Bailii

Jurisdiction:

European

Taxes – Other

Updated: 20 May 2022; Ref: scu.565601

Deutsche Bahn And Others v Commission (Judgment): ECFI 29 Feb 2016

ECJ Competition – Agreements, decisions and concerted practices – International air freight forwarding services – Decision finding an infringement of Article 101 TFEU – Price fixing – Surcharges and charging mechanisms affecting the final price – Evidence contained in an application for immunity – Protection of the confidentiality of communications between lawyers and clients – Code of Conduct rules on the duty of loyalty and prohibition on double representation – Fiduciary duties – Whether unlawful conduct can be attributed – Choice of companies – Fines – Proportionality – Gravity of the infringement – Mitigating circumstances – Equal treatment – Cooperation – Partial immunity from a fine – Unlimited jurisdiction – Settlement – 2006 Guidelines on the method of setting fines

Citations:

T-267/12, [2016] EUECJ T-267/12

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 20 May 2022; Ref: scu.560480

Commission v Netherlands C-22/15: ECJ 25 Feb 2016

ECJ (Judgment) Failure to fulfill obligations – Tax on value added – Directive 2006/112 / EC – Exemptions – Article 132, paragraph 1, sub m) – Services closely associated with sport or physical education – exemption for the leasing of berths and sites for storage of boats for water sports association members through navigation or recreation activities that can not be equated with sport or physical education – exemption from income limited to members of watersports associations that do not employ staff for the provision of services – Excluded – Article 133, first paragraph d)

Citations:

ECLI:EU:C:2016:118, [2016] EUECJ C-22/15

Links:

Bailii

Statutes:

Directive 2006/112/EC 132

Jurisdiction:

European

European, VAT

Updated: 20 May 2022; Ref: scu.560478

Netherlands v Commission C-59/70: ECJ 6 Jul 1971

ECJ 1. It follows from the common purpose of articles 33 and 35 that the requirements of legal certainty and of the continuity of community action underlying the time-limits for bringing proceedings laid down in article 33 must also be taken into account – having regard to the special difficulties which the silence of the competent authorities may involve for the interested parties – in the exercise of the rights conferred by article 35. Where the commission fails to act the interested parties are therefore bound to raise the matter with the commission within a reasonable period. This is so a fortiori once it is clear that the commission has decided to take no action.
2. The duty of cooperation imposed on member states by articles 86 must prompt a member state which considers that a measure adopted by another member state is contrary to the treaty to resort to the procedures or means of legal action placed at its disposal by the treaty in sufficient time to ensure that effective intervention is still possible and that the position of third parties is not needlessly called in issue.

Citations:

[1971] EUECJ C-59/70

Links:

Bailii

Jurisdiction:

European

European

Updated: 20 May 2022; Ref: scu.131948

SpA Salgoil v Italian Ministry of Foreign Trade: ECJ 19 Dec 1968

ECJ 1. Procedure – preliminary ruling – jurisdiction of the court – limits (EEC treaty, article 177) 2. Procedure – preliminary ruling – reference to the court by a national court or tribunal – applicability of the provision referred for interpretation – express statement not obligatory (EEC treaty, article 177) 3. Quantitative restrictions – abolition – creation of new restrictions and intensifying of existing restrictions prohibited – individual rights – protection of the same – detailed rules for application – variation according to national legal systems (EEC treaty, first paragraph of article 31; first paragraph of article 32) 4. Quantitative restrictions – global quotas – calculation – discretion of member states – no individual rights (EEC treaty, article 32, article 33) 5. Member states – protective measures – strict interpretation (EEC treaty, article 36, article 224, article 226) 1. The court has no jurisdiction when dealing with a reference under article 177 either to take cognizance of the facts of the case or to criticize the reasons for the reference. In particular, it has no jurisdiction to decide whether one or other of the provisions referred for an interpretation is applicable to the case at issue. There is therefore a valid reference to the court in so far as the quotation of the provision in question is not incorrect on the face of it. 2. A national court or tribunal which refers a question to the court under article 177 of the EEC treaty is not required to state expressly that the provision which appears to it to call for an interpretation is applicable. 3. (A) once the lists of liberalized products have been supplied, or at the latest once the time-limit laid down in the second paragraph of article 31 of the EEC treaty for the supply of these lists has expired, article 31 produces direct effects on the relationships between a member state and those subject to its jurisdiction, and creates rights in favour of the latter which national courts must protect. (B) the first paragraph of article 32 produces the same effects and creates the same rights. (C) the abovementioned provisions require the authorities, and in particular the relevant courts of the member states, to protect the interests of those persons subject to their jurisdiction who may be affected by any possible infringement of the said provisions, by ensuring for them direct and immediate protection of their interests. However, it is for the national legal system to determine which court of tribunal has jurisdiction to give this protection and, for this purpose, to decide how the individual position thus protected is to be classified. 4. As regards the data for and the methods of calculating ‘ global quotas ‘, ‘ total value ‘ and ‘ national production ‘ within the meaning of paragraph (1) and the first subparagraph of paragraph (2) of article 33 of the EEC treaty, several solutions may be envisaged. Therefore the member states are left with some discretion concerning their obligations relating to these concepts. Accordingly, the abovementioned provisions and the last sentence of article 32 of the EEC treaty do not apply in a sufficiently precise way to be capable of producing direct effects on the relationships between the member states and those subject to its jurisdiction. 5. The provisions of articles 36, 224 and 226 of the EEC treaty deal with exceptional cases which are clearly defined and which do not lend themselves to any wide interpretation. They cannot therefore be relied upon so as to deny that article 31 of the treaty is directly applicable in its effects.

Citations:

[1968] ECR 453, [1969] CMLR 181, C-13/68, R-13/68, [1968] EUECJ R-13/68

Links:

Bailii

European

Updated: 20 May 2022; Ref: scu.131874

Feram v Commission (Judgment): ECJ 16 Mar 1971

1. The recommendations drawn up by the council upon the giving of an assent cannot have the effect of restricting or modifying the express powers conferred by the decision which is the subject of that assent.
The legality of decisions taken in implementation of a general decision which has been the subject of an assent can therefore be examined only on the basis of the actual provisions of that general decision.
2. The inevitable and inherent disadvantages in the equalization scheme which, of its nature, necessitates a posteriori calculations for the fixing of the rate do not constitute damage giving a right to compensation.
3. The existence of frauds does not alone suffice to prove that the administration has failed in its duty of supervision and consequently is guilty of a wrongful act or omission.

Citations:

C-70/69, [1971] EUECJ C-70/69

Links:

Bailii

European

Updated: 20 May 2022; Ref: scu.131890

Commission of the European Communities v Italian Republic: ECJ 10 Dec 1968

ECJ 1. Obligations of member states – failure to fulfil – action by the commission before the court of justice – bringing the action – timing – discretion of the commission (EEC treaty, article 169) 2. Free movement of goods – goods – concept – article possessing artistic or historic value (EEC treaty, article 9) 3. Free movement of goods – articles possessing artistic or historic value – charges on exports – charge having an effect equivalent to a customs duty (EEC treaty, article 16) 4. Free movement of goods – customs duties and quantitative restrictions – nature of each – difference – prohibitions and restrictions for the protection of national treasures – special nature – strict construction (EEC treaty, articles 16 and 36) 5. Free movement of goods – prohibitions and restrictions for the protection of national treasures – limits to be observed by member states regarding the object and nature of the means adopted – incompatibility with the treaty of a charge on the export of articles of artistic or historic value (EEC treaty, article 36) 1. It is for the commission, under article 169 of the treaty, to judge at what time it shall bring an action before the court; and the considerations which determine its choice of time cannot affect the admissibility of the action, which follows only objective rules. 2. By goods, within the meaning of article 9 of the EEC treaty, there must be understood products which can be valued in money and which are capable, as such, of forming the subject of commercial transactions. The rules of the common market apply to articles possessing artistic or historic value subject only to the exceptions expressly provided by the treaty. 3. Any charge which, by altering the price of an article exported, has the same restrictive effect on the free circulation of that article as a customs duty is deemed to be a charge having an effect equivalent to a customs duty within the meaning of article 16 of the EEC treaty. A tax levied on the exportation of articles possessing artistic or historic value falls within the prohibition contained in article 16 by reason of the fact that export trade in the goods in question is hindered by the pecuniary burden which it imposes on the price of the exported articles. 4. The prohibitions or restrictions on imports and exports referred to in article 36 of the EEC treaty are by nature clearly distinguished from customs duties and assimilated charges whereby the economic conditions of importation or exportation are affected without restricting the freedom of decision of those involved in commercial transactions. Because such measures constitute an exception to the fundamental principle of the elimination of all obstacles to the free movement of goods between member states, they must be strictly construed. 5. The prohibitions and restrictions referred to in article 36 of the EEC treaty cannot justify the retention of measures, such as customs duties or charges having equivalent effect, which fall outside the scope of the prohibitions referred to in the chapter relating to the elimination of quantitative restrictions between member states. In order to avail themselves of article 36, member states must observe the limitations imposed by that provision both as regards the objective to be obtained and as regards the nature of the means used to attain it. The levy of a tax on the exportation of goods possessing artistic or historic value is incompatible with the provisions of the treaty.

Citations:

C-7/68, [1968] EUECJ C-7/68

Links:

Bailii

European, Commercial, Customs and Excise

Updated: 20 May 2022; Ref: scu.131870

X v Audit Board (Judgment): ECJ 7 May 1969

Europa A mistake made by the applicant in designating the relevant provision cannot lead to the inadmissibility of the submission put forward. The disciplinary authority does not prejudice the rights of the defence by imposing a disciplinary sanction in the absence of the official concerned, when that absence is attributable exclusively to the behaviour of the latter.

Citations:

C-12/68, [1969] EUECJ C-12/68, [1970] EUECJ C-12/68

Links:

Bailii, Bailii

European

Updated: 20 May 2022; Ref: scu.131872

Zuckerfabrik Watenstedt GmbH v Council of the European Communities (Judgment): ECJ 11 Jul 1968

Europa Measures adopted by an institution – regulation – concept (EEC treaty, article 189). A measure which is applicable to objectively determined situations and which involves legal consequences for categories of persons viewed in a general and abstract manner constitutes a regulation. Cf. Paragraph 3, summary, joined cases 16 and 17/62, (1962) ECR 471. A measure which abrogates a provision of general application or places a time-limit on its applicability partakes of the general nature of the latter provision. Cf. Paragraph 2, summary, joined cases 36 to 38, 40 and 41/58, (1958-1959) ECR 335. A measure does not lose its character as a regulation simply because it may be possible to ascertain with a greater or lesser degree of accuracy the number or even the identity of the persons to which it applies at any given time as long as there is no doubt that the measure is applicable as the result of an objective situation of law or of fact which it specifies and which is in harmony with its ultimate objective. The fact that a legal provision may have different practical effects on the different persons to whom it applies in no way contradicts its nature as a regulation provided that the situation to which it refers is objectively determined.

Citations:

C-6/68, [1968] EUECJ C-6/68

Links:

Bailii

European

Updated: 20 May 2022; Ref: scu.131869

Plaumann v Commission EEC (Order): ECJ 31 Aug 1962

ECJ (Order) The applicant bases its application on the claim that, even if in the main action the court were to annul the refusal of the commission to grant to the federal republic of germany an import quota for clementines for 1962 at the rate of 10% instead of the normal rate of 13%, this decision would come too late to prevent imports, in particular those to be made in the last quarter of that year, from being charged in the meantime with customs duty at 13%. The applicant maintains that on these grounds and because it is afraid that, even if it were successful in the main action, it would be unable according to german customs practice to recover the amounts overpaid, it has a compelling interest in the federal government’s being authorized, pending judgment on the main issue, to levy a customs duty of only 10% on the importation of clementines and to accept security for the remaining 3%, this to be forfeited if the application be dismissed, with the result that the customs duty would then be paid at the rate of 13%.
the applicant is thus asking for more than a mere suspension of the operation of the decision which it is contesting. It seeks rather to prejudge the results by assuming beyond doubt that these will lead to a decision in its favour in the main action, that is to say, that the commission will then be required in each case to grant the contested authorization and moreover that the federal government will avail itself of this authorization and, indeed, with retroactive effect.
it is true that article 186 of the eec treaty does not clearly exclude such measures; nevertheless so far-reaching an interim measure could be justified only by wholly exceptional circumstances and if there were very good reasons for thinking that the party concerned would otherwise suffer serious and irreparable damage.
it may be assumed, and it is not disputed by the applicant, that the latter, even if the present application were accepted, would have to take account, in fixing the prices to be paid by its customers, of the risk of an unfavourable decision in the main action. It therefore matters little whether the interim measure asked for is adopted or not because it can have no influence on the fixing of prices. On these grounds alone it is in no way proved that failure to repay the customs duties overpaid would, in any event, cause damage to the applicant. On the other hand it is very possible that the repayment would redound to its especial advantage.
moreover it is by no means certain that the customs duties overpaid would not be repaid to the applicant in whole or in part if the applicant succeeded in the main action. Even if it must be admitted that the tax regulations in force in the federal republic of germany give the applicant no unconditional right to repayment, the competent administrative authorities would be at liberty to use their discretion in making such repayment. If the federal republic were to avail itself for 1962 of an authorization resulting from the applicants’ possible success in the main action it is not improbable that the authorities would act on those lines, especially as the federal government, according to the applicant’s own statement, views its arguments favourably.
moreover it must not be overlooked that the applicant would have the opportunity to act directly by availing itself of the methods of recourse provided under german law against decisions of the german customs authorities imposing on it duties amounting to 13%.
for these reasons the urgency of and the necessity for the measure requested have not been sufficiently established.
in these circumstances it is not necessary to examine the other arguments set out by the defendant on the admissibility and validity of the application for the adoption of an interim measure and of the application in the main action.

Citations:

(1963) ECR 95, C-25/62, [1962] EUECJ C-25/62R

Links:

Bailii

Cited by:

Doubted – Jego-Quere et Cie SA v Commission of the European Communities ECFI 3-May-2002
The applicant complained that he had been individually affect by a European Instrument. The commission objected that he did not have sufficient standing to challenge the instrument.
Held: The former law that an individual had to be affected in . .
Order – Plaumann v Commission EEC ECJ 21-Dec-1962
ECJ The declaration of the federal minister of finance set out above and produced by the applicant in fact removes the foundation from the statement in the second paragraph of the grounds of the order of 31 . .
Order – Plaumann v Commission EEC ECJ 15-Jul-1963
ECJ (Judgment) 1. A measure must be considered as a decision if it refers to a particular person and binds that person alone.
2. The words and the natural meaning of the second paragraph of article 173 of . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 20 May 2022; Ref: scu.131660

The Polo/Lauren Co LP v PT Dwidua Langgeng Pratama International Freight Forwarders Case: ECJ 14 Apr 2000

Council regulations empowered customs officers of member states to seize goods suspected of being counterfeit or pirated and in breach of Trade Mark and other laws This applied even to goods which were merely seized in transit through a member state, from a non-EU source to a non-EU destination. The validity of the regulation was not capable of doubt, and no factor had been identified which could challenge its validity. The wording of the regulation expressly envisaged such action.

Citations:

Times 14-Apr-2000, C-383/98, [2000] EUECJ C-383/98

Links:

Bailii

Cited by:

Cited – Nokia Corporation v Revenue and Customs ChD 27-Jul-2009
Nokia sought judicial review of a decision of the Commissioners to release a consignment of goods which it said were infringing counterfeits of its own models. The Commissioners said that in the absence of evidence that they were intended for . .
Lists of cited by and citing cases may be incomplete.

European, Customs and Excise, Intellectual Property

Updated: 20 May 2022; Ref: scu.89840

Sa Chaussure Bally v Ministry of Finance Belgium: ECJ 20 Sep 1993

The Vatable amount is based on what a purchaser pays ignoring any commissions.

Citations:

Ind Summary 20-Sep-1993, Times 22-Jul-1993, C-18/92, C-18/92, [1993] EUECJ C-18/92

Links:

Bailii

Cited by:

Cited – Revenue and Customs v Debenhams Retail Plc CA 18-Jul-2005
The store introduced a system whereby when a customer paid by credit card, the charges made to them for card handling were expressed as a separate amount on the receipt. The store then said that VAT was payable only on the net amount allocated to . .
Lists of cited by and citing cases may be incomplete.

VAT, Consumer, European, VAT

Updated: 20 May 2022; Ref: scu.88964

Shanning International Ltd v Lloyds TSB Bank plc; Lloyds TSB Bank plc v Rasheed Bank and another: ComC 17 Dec 1999

The parties were linked together by a series of bonds, deposits, and guarantees and indemnities which had been designed to enable trade with a customer in Iraq. The Regulation operated to prevent any claim being made under the bond, and therefore the bank could not resist an action for the repayment of a deposit on the basis that it might be called upon under its own bond.

Judges:

Langley J

Citations:

Times 19-Jan-2000, [1999] EWHC 280 (Comm)

Links:

Bailii

Statutes:

Regulation (EEC) No 3541/92

Cited by:

Appeal from – Shanning International Limited (In Liquidation) v Lloyds TSB Bank Plc (Formerly Lloyds Bank Plc) Part 20 and Rasheed Bank and Sbg Holdings Limited Part 20 CA 25-May-2000
. .
At first instance – Shanning International Ltd (in liquidation) v Lloyds Bank plc Lloyds Bank plc v Rasheed Bank HL 2-Jul-2001
Under a series of cross guarantees, equipment was supplied to Iraq. Final payment was due on delivery of the final equipment. Before it could be delivered, the prohibitions came into effect against satisfying or making any claims in connection with . .
Lists of cited by and citing cases may be incomplete.

Banking, European

Updated: 20 May 2022; Ref: scu.89188

Societe Generale Des Grandes Sources D’Eaux Minerales Francaises v Bundesant Fur Finanzen: ECJ 9 Sep 1998

Where original VAT invoice was lost a duplicate should be accepted for refund claim even though from other member state where there was no doubt about the transaction, and the loss was not the fault of the taxpayer, and no risk of double reclaim of VAT duty.

Citations:

Gazette 09-Sep-1998, C-361/96, Ecj/Cfi Bulletin 15/98, 7, [1998] EUECJ C-361/96

Links:

Bailii

Jurisdiction:

European

VAT, European

Updated: 20 May 2022; Ref: scu.89369

O’Brien v Ministry of Justice: SC 12 Jul 2017

The claimant challenged e pension arrangements made for part time judges.
Held: ‘The majority of the court are inclined to think that the effect of Directive 97/81 is that it is unlawful to discriminate against part-time workers when a retirement pension falls due for payment. The directive applies ratione temporis where the pension falls due for payment after the directive has entered into force. In so far as part of the period of service took place prior to the directive’s entry into force, the directive applies to the future effects of that situation.’
Case referred to the ECJ: ‘Does Directive 97/81, and in particular clause 4 of the Framework Agreement annexed thereto concerning the principle of non-discrimination, require that periods of service prior to the deadline for transposing the Directive should be taken into account when calculating the amount of the retirement pension of a part-time worker, if they would be taken into account when calculating the pension of a comparable full-time worker?’

Judges:

Baroness Hale of Richmond DPSC, Lord Kerr of Tonaghmore, Lord Reed, Lord Carnwath, Lord Hughes JJSC

Citations:

[2017] UKSC 46, [2017] WLR(D) 478, [2017] IRLR 939, [2017] ICR 1101

Links:

Bailii, Bailii Summary, WLRD

Statutes:

Council Directive 97/81/EC, Judicial Pensions Act 1981, Judicial Pensions and Retirement Act 1993, Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000

Jurisdiction:

England and Wales

Citing:

See Also – Department of Constitutional Affairs v O’Brien EAT 22-Apr-2008
EAT JURISDICTIONAL POINTS
Claim in time and effective date of termination
Extension of time: just and equitable
Appeal against Chair’s exercise of discretion to extend time for a PTWR claim . .
See Also – O’Brien v Department for Constitutional Affairs CA 19-Dec-2008
The claimant was a part time recorder. He claimed to be entitled to a judicial pension.
Held: The Employment Appeal Tribunal was wrong to find an error of law in the decision of the Employment Tribunal to extend time; but the court declined to . .
At ECJ – O’Brien v Ministry of Justice ECJ 1-Mar-2012
1) European Union law must be interpreted as meaning that it is for the member states to define the concept of ‘workers who have an employment contract or an employment relationship’ in clause 2.1 of the Framework Agreement . . and in particular, to . .
At SC(1) – O’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 . .
At EAT – The Ministry of Justice v O’Brien EAT 4-Mar-2014
EAT PART TIME WORKERS
The calculation of the amount of pension to which a retired part-time judge is entitled under the Part-time Workers Directive and the consequential domestic regulations should, as a . .
Appeal from – O’Brien v Ministry of Justice and Others CA 6-Oct-2015
The claimants each sought additional pensions, saying that discrimination laws which had come into effect (for part time workers and for sexual orientation) should be applied retrospectively.
Held: The decision was upheld. The ‘no . .
Cited – Istituto nazionale della previdenza sociale (INPS) v Lotti, Matteucci (Social Policy) ECJ 10-Jun-2010
EU Directive 97/81/EC – Framework Agreement on part-time work – Equal treatment of part-time and full-time workers – Calculation of the period of service required to obtain a retirement pension – Periods not . .
Cited – Istituto nazionale della previdenza sociale (INPS) v Bruno, Pettini (Social Policy) ECJ 10-Jun-2010
Europa Directive 97/81/EC – Framework Agreement on part-time work – Equal treatment of part-time and full-time workers – Calculation of the period of service required to obtain a retirement pension – Periods not . .
Cited – Commission v Moravia Gas Storage ECJ 26-Mar-2015
Judgment – Appeals – Internal market in natural gas – Obligation of natural gas undertakings – Organisation of a system of negotiated third party access to gas storage facilities – Decision of the Czech authorities – Temporary exemption for future . .
Cited – Ten Oever v Stichting Bedrijfspensioenfonds voor het Glazenwassers- en Schoonmaakbedrijf (Judgment) ECJ 6-Oct-1993
Equal pay for men and women – Survivor’s pension – Limitation of the effect in time of the judgment in Case C-262/88 Barber.
As to Barber: ‘The Court’s ruling took account of the fact that it is a characteristic of this form of pay [scil, . .

Cited by:

Reference to ECJ – Miller and Others v Ministry of Justice SC 16-Dec-2019
‘The issue in this appeal is when time starts to run for a claim by a part-time judge to a pension under the Part-time Workers’ Directive (Directive 97/81) (‘PTWD’), as applied by the Part-time Workers (Prevention of Less Favourable Treatment) . .
Lists of cited by and citing cases may be incomplete.

European, Employment, Discrimination

Updated: 20 May 2022; Ref: scu.589261

Rockfon A/S v Specialarbejderforbunde I Danmark Acting for Nielsen and Others: ECJ 17 Jan 1996

The term ‘establishment’ for the purpose of consultation on contemplated redundancies meant the work unit to which the relevant workers were assigned: ‘The term ‘establishment’ appearing in Article 1(1)(a) of Directive (75/129/EEC) must therefore be interpreted as designating, depending on the circumstances, the unit to which the workers made redundant are assigned to carry out their duties. It is not essential, in order for there to be an ‘establishment’, for the unit in question to be endowed with a management which can independently effect collective redundancies.
That interpretation is supported by the fact that the Commission’s initial proposal for a Directive uses the term ‘undertaking’ and that that term was defined in the last sub-paragraph of Article 1(1) of the proposal as ‘local employment unit’. It appears, however, that the Council decided to replace the term ‘undertaking’ by the term ‘establishment’, which meant that the definition originally contained in the proposal and considered to be superfluous was deleted.
The answer to the second part of the preliminary question must therefore be that the term ‘establishment’ appearing in Article 1(1)(a) . . must be understood as meaning, depending on the circumstances, the unit to which the workers made redundant are assigned to carry out their duties. It is not essential, in order for there to be an ‘establishment’ for the unit in question to be endowed with a management which can independently effect collective redundancies.’

Citations:

Times 17-Jan-1996, C-449/93, [1995] EUECJ C-449/93, [1996] IRLR 168, [1996] ICR 673, [1996] CEC 224, [1995] ECR I-4291

Links:

Bailii

Statutes:

Directive 79/129/EEC L48/29

Cited by:

Cited – MSF v Refuge Assurance Plc, United Friendly Insurance EAT 15-Feb-2002
EAT The EAT considered the employer’s duties to consult on making redundancies. The ET had found that company had satisfied the requirements. The Union argued that the duty to consult arose as soon as . .
Cited – Brookes and 334 Others v Borough Care Services and CLS Care Services Ltd EAT 4-Aug-1998
Where a transfer of a business had been arranged by way of a transfer of shares rather than of the business and particularly in order to avoid the Regulations, the transfer of shares took effect as a transfer of the undertaking and so the . .
Cited – Athinaiki Chartopoiia AE v L Panagiotidis and Others, third party: Geniki Sinomospondia Ergaton Elladas (GSEE) ECJ 15-Feb-2007
ECJ Free Movement of Persons – Collective redundancies – Council Directive 98/59/EC Article 1(1)(a) – Termination of the establishment’s activities of the employer’s own volition – Concept of ‘establishment’.
Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 19 May 2022; Ref: scu.88831

Rotsart de Hertaing v Benoidt and IGC Housing Service (In Liquidation) and Another: ECJ 14 Nov 1996

ECJ Safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses – Transfer to the transferee of the rights and obligations arising from a contract of employment – Date of transfer.

Citations:

Times 25-Nov-1996, [1997] IRLR 127, C-305/94, [1996] EUECJ C-305/94

Links:

Bailii

Statutes:

EC Directive 77/187/EEC

Cited by:

Cited – North Wales Training and Enterprise Council Ltd v Astley and others HL 21-Jun-2006
Civil servants had been transferred to a private company. At first they worked under secondment from the civil service. They asserted that they had protection under TUPE and the Acquired Rights Directive. The respondent said that there had only been . .
Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 19 May 2022; Ref: scu.88875

Regina v Secretary of State for Trade and Industry ex parte Broadcasting, Entertainment, Cinematographic and Theatre Union: ECJ 26 Jun 2001

The rule in United Kingdom law under which the entitlement to be paid annual leave arose only after an employee had been continuously employed for 13 weeks, did not satisfy European law. Members of the applicant trade union were typically employed on short term repeating contracts and did not receive paid annual holidays. The Directive sought to improve working conditions for employees. There were certain derogations, but not from Article 7, the particular applicable condition. The right was a social right directly conferred on each worker, and the UK regulations were incompatible with that right.

Citations:

Times 28-Jun-2001, C-173/99, [2001] EUECJ C-173/99

Links:

Bailii

Statutes:

Council Directive 93/104/EC concerning certain aspects of the organisation of working time, Working Time Regulations 1998 (1998 No 1833) 13(7)

Cited by:

Cited – Munro v M P B Structures Ltd IHCS 1-Apr-2003
The respondent firm paid their staff holiday pay by adding a proportion to each wage packet. The employee complained that this was in breach of the regulations.
Held: The Regulations gave effect to the directive. The directive treated holiday . .
Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 19 May 2022; Ref: scu.88660

Regina v Customs and Excise Commissioners, Ex Parte EMU Tabac Sarl and Others (Imperial Tobacco Ltd, Intervener): ECJ 9 Apr 1998

Excise duty is payable on cigarettes imported as if personal imports but by use of agent in Luxembourg organising he imports as a commercial enterprise.

Citations:

Times 09-Apr-1998, C-296/95, [1998] EUECJ C-296/95

Links:

Bailii

Customs and Excise, European

Updated: 19 May 2022; Ref: scu.88432

Regina v Ministry of Agriculture Fisheries and Food Ex Parte Hedley Lomas (Ireland) Ltd: ECJ 23 May 1996

The wrongful prevention by a state of the lawful export of animals gave rise to a right to claim for damages.
LMA The UK had refused to grant licences for the export of live sheep to Spain, on the grounds that the slaughterhouses were not complying with the terms of an EC Directive requiring the stunning of animals before slaughter. The UK conceded they were in breach of the Treaty provision on export restrictions but argued that it was justified on the grounds of animal welfare.
Held: This was a sufficiently serious breach, on the basis of

  • Lack of discretion left to MS
  • Clarity of the Treaty provision breached
  • Absence of an established ground for justification.
    Where MS was not called upon to make any legislative choices and had considerably reduced/no discretion – a mere infringement of community law may be sufficient to establish ‘as sufficiently serious breach’

    • Citations:

    Times 06-Jun-1996, [1996] ECR 1 2553, C-5/94, [1997] QB 139, [1996] EUECJ C-5/94

    Links:

    Bailii

    Cited by:

    Cited – Regina v Ministry of Agriculture, Fisheries and Food ex parte Lay and Gage Admn 15-May-1995
    The claimants sought damages for the wrong interpretation of the law by the Ministry, which had restricted their rights to milk quota.
    Held: Making an administrative decision which was in breach of European law was not enough in itself to . .
    Cited – Oakley 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.

    Agriculture, European

    Updated: 19 May 2022; Ref: scu.87360

    Regeling v Bestuur Van De Bedrijfsverenging Voor De Metaalnijverheid: ECJ 20 Jul 1998

    An employee who had received partial payment of wages since before start of period of wages guaranteed on employers insolvency, was entitled to treat part earned after start as payment of wages earned before period and could claim his entire losses

    Citations:

    Times 20-Jul-1998, C-125/97, [1998] EUECJ C-125/97

    Links:

    Bailii

    European

    Updated: 19 May 2022; Ref: scu.85945

    Regina v Secretary of State for the Environment, Transport, and the Regions, Ex Parte International Air Transport Association: QBD 3 Jun 1999

    The Association sought judicial review to challenge the 1998 Order.
    Held: Where an EC regulation was properly completed, it was valid even though different member states had, before joining the EC, had subscribed to International Treaties inconsistent with the Regulation, but were not bound by it because of such subscription.

    Judges:

    Jowitt J

    Citations:

    Times 03-Jun-1999, [1999] EWHC Admin 333, [1999] COD 315, [2000] 1 Lloyds Rep 242, [1999] Eu LR 811, [1999] 2 CMLR 1385

    Links:

    Bailii

    Statutes:

    Council Regulation 2027/97, EC Treaty 234, Warsaw Convention 1929, Air Carrier Liability Order 1998, Council Regulation (EC) Number 2027/97

    Citing:

    See Also – Regina v Secretary of State for Environment, Transport and Regions ex parte International Air Transport Association Admn 6-Nov-1998
    . .
    Leave – Regina v Secretary of State for Environment Transport and Regions ex parte International Air Transport Association Admn 21-Apr-1999
    . .
    Lists of cited by and citing cases may be incomplete.

    European, Transport

    Updated: 19 May 2022; Ref: scu.85507

    Regina v Secretary of State for the Home Department, Ex Parte Savas: ECJ 23 May 2000

    A convention between the European Union and Turkey had direct effect under one article, but was not sufficiently detailed in other provisions to give a right to an individual to enforce its provisions. The article required Turkish nationals not to be treated worse than EU nationals, but did not itself confer a right of residence.
    Europa EEC-Turkey Association – Restrictions on freedom of establishment and right of residence – Article 13 of the Association Agreement and Article 41 of the Additional Protocol – Direct effect – Scope – Turkish national unlawfully present in the host Member State.

    Citations:

    Times 23-May-2000, C-37/98, [2000] ECR 1-2927, [2000] EUECJ C-37/98

    Links:

    Bailii

    Statutes:

    Protocol to the EEC-Turkey Association Agreement

    Citing:

    reference from – Regina v Secretary of State for Home Department ex parte Savas Admn 24-Apr-1997
    . .

    Cited by:

    See Also – Savas, Regina (on the Application of) v The Secretary of State for the Home Department Admn 11-Dec-2001
    . .
    Cited – Temiz, Regina (on the Application of) v Secretary of State for the Home Department Admn 13-Oct-2006
    The claimant sought judicial review of the refusal by the respondent to give him permission to stay in the United Kingdom. As a Turkish national he had absconded after being ordered to be removed, and had since gone into business here.
    Held: . .
    Lists of cited by and citing cases may be incomplete.

    Immigration, European

    Updated: 19 May 2022; Ref: scu.85537

    O’Flynn v Adjudication Officer: ECJ 23 May 1996

    A condition on the making of a funeral grant that the deceased be buried in that country was unlawful. Article 7(2) of Regulation No 1612/68 on freedom of movement for workers within the Community precludes a rule of a Member State which makes grant of a payment to cover funeral expenses incurred by a migrant worker subject to the condition that burial or cremation take place within the territory of that Member State. Unless objectively justified and proportionate to the aim pursued, a provision of national law, even if applicable irrespective of nationality, must be regarded as indirectly discriminatory, and hence not complying with the equality of treatment prescribed by Article 7(2), if it is simply intrinsically liable to affect migrant workers more than national workers and if there is a consequent risk that it will place the former at a particular disadvantage. Firstly, as regards funeral expenses, although the costs he incurs will be of the same type as and of comparable amount to those incurred by a national worker, it is above all the migrant worker who may, on the death of a member of the family, arrange for burial in another Member State, in view of the links which the members of such a family generally maintain with their State of origin. Secondly, the refusal to grant the payment if the funeral takes place in another Member State cannot be justified by considerations of public health, or by considerations relating to the cost of funerals, since the cost of transporting the coffin to a place distant from the deceased’ s home is not covered in any event, or by the difficulty of checking the expenses incurred.

    Citations:

    Times 07-Jun-1996, C-237/94, [1996] All ER (EC) 541, [1996] ECR I-2617, [1996] EUECJ C-237/94

    Links:

    Bailii

    Cited by:

    Applied – Secretary of State for Work and Pensions v Carlos Bobezes CA 16-Feb-2005
    The Regulations provided that income support was not payable for a dependent child for any period of four weeks or more where the child was outside Great Britain. The claimant, a Portuguese national had come to Great Britain but had been incapable . .
    Cited – Collins v Secretary of State for Work and Pensions CA 4-Apr-2006
    The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ.
    Held: The . .
    Lists of cited by and citing cases may be incomplete.

    Benefits, European

    Updated: 19 May 2022; Ref: scu.84430

    Partridge v Adjudication Officer Case: ECJ 2 Jul 1998

    Attendance allowance payable in England was properly withdrawn after claimant left England to live in France permanently. Attendance allowance is in special category under the regulations.

    Citations:

    Times 02-Jul-1998, C-297/96, [1998] EUECJ C-297/96

    Links:

    Bailii

    Statutes:

    Disability Living Allowance and Disability Working Allowance Act 1991, EC Treaty Art 177

    Benefits, European

    Updated: 19 May 2022; Ref: scu.84599

    Meyers v Adjudication Officer: ECJ 19 Jul 1995

    EC directive on equal rights requires single parents to set off child care costs.
    A social security benefit designed to keep low income workers in employment or to encourage them into employment was within the scope of Directive 76/207/EC, not only as being directly related to access to employment, but also on the basis that the claimants’ working conditions were affected. The Court said that: ‘To confine the latter concept solely to those working conditions which are set out in the contract of employment or applied by the employer in respect of a worker’s employment would remove situations directly covered by an employment relationship from the scope of the directive.’
    A benefit such as family credit, which may be paid to a person in Great Britain if his income is no higher than a given ceiling, if he, or if he is a member of a couple, he or the other member of the couple, is engaged in remunerative work and he or the other member of the couple is responsible for a child or another member of the same household, and which performs the dual function of keeping poorly paid workers in employment and of meeting family expenses, has by virtue of its first function an objective which brings it within the scope of Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions.
    The concept of access to employment referred to in Article 3 of the directive must not be understood as relating solely to the conditions existing before an employment relationship is created. The prospect of receiving family credit if he accepts low-paid work encourages an unemployed worker to accept such work, with the result that the benefit is related to considerations governing access to employment. Furthermore, compliance with the fundamental principle of equal treatment presupposes that a benefit such as family credit, which is necessarily linked to an employment relationship, constitutes a working condition within the meaning of Article 5 of the directive.

    Citations:

    Times 19-Jul-1995, Ind Summary 11-Sep-1995, C-116/94, [1995] EUECJ C-116/94, [1995] ECR I-2131

    Links:

    Bailii

    Statutes:

    Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment etc

    Cited by:

    Cited – X v Mid Sussex Citizens Advice Bureau and Another SC 12-Dec-2012
    The appellant was disabled, had legal qualifications, and worked with the respondent as a volunteer. She had sought assistance under the Disability Discrimination Act, now the 2012 Act, saying that she counted as a worker. The tribunal and CA had . .
    Lists of cited by and citing cases may be incomplete.

    Benefits, European

    Updated: 19 May 2022; Ref: scu.83675

    Jensen v Landbrugsministeriet – Ef – Direktorat: ECJ 9 Sep 1998

    Where a farmer had a claim for subsidy from a member state and at the same time the farmer owed money to the state the state had a right to set-off the one against the other before making payment of the subsidy, if did not undermine EC market organisation

    Citations:

    Gazette 09-Sep-1998, C-132/95, Ecj/Cfi Bulletin 14/98, [1998] EUECJ C-132/95

    Links:

    Bailii

    Jurisdiction:

    England and Wales

    Agriculture, European

    Updated: 19 May 2022; Ref: scu.82514

    Kapasakalis, Skiathitis and Kougiagkas v Greek State: ECJ 9 Sep 1998

    Where a national of a state sought recognition for a qualification obtained entirely within that state, the provisions about recognition of diplomas across member state boundaries did not apply. No freedom of movement of workers issue involved.

    Citations:

    Gazette 09-Sep-1998, C-227/95, C-255/95, C-226/95, Ecj/Cfi Bulletin 18/98, 3, [1998] EUECJ C-226/95, [1998] EUECJ C-227/95

    Links:

    Bailii, Bailii

    Statutes:

    Council Directive 89/48/EEC

    European

    Updated: 19 May 2022; Ref: scu.82671

    Ingmar Gb Ltd v Eaton Leonard Technologies Inc: ECJ 16 Nov 2000

    When a commercial agency was terminated in circumstances which under community law would entitle the agent to compensation, that compensation was payable even though the contract expressed itself to be governed by the law of California, and the principal was resident in California. The regime was a mandatory one for the protection of such agents, and would override private contractual provisions.
    ECJ Directive 86/653/EEC – Self-employed commercial agent carrying on his activity in a Member State – Principal established in a non-member country – Clause submitting the agency contract to the law of the country of establishment of the principal)

    Citations:

    Times 16-Nov-2000, C-381/98, [2000] ECR I-9305, [2000] EUECJ C-381/98, [2001] 1 CMLR 9, [2000] EUECJ C-381/98 – O

    Links:

    Bailii, Bailii

    Statutes:

    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 17

    Citing:

    Reference from – Ingmar GB Limited v Eaton Leonard Technologies Inc CA 31-Jul-1998
    Case referred to ECJ. . .

    Cited by:

    At ECJ – Ingmar 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 . .
    Cited – Honyvem Informazioni Commerciali (Freedom Of Establishment) ECJ 23-Mar-2006
    Europa Independent commercial agents – Directive 86/653/EEC – Entitlement of a commercial agent to an indemnity after termination of the contract. . .
    Cited – Lonsdale (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’ . .
    Cited – Rossetti Marketing Ltd v Diamond Sofa Company Ltd and Another QBD 3-Oct-2011
    The claimants sought compensation under the 1993 Rules. The defendants denied that the claimants were agents within the rules, since they also acted as agents for other furniture makers.
    Held: Whether a party is a commercial agent within the . .
    Lists of cited by and citing cases may be incomplete.

    Agency, European, Commercial

    Updated: 19 May 2022; Ref: scu.82330

    Hermes International v FHT Marketing: ECJ 9 Sep 1998

    Where interim orders had been granted following seizure of goods under TRIPS agreement, the court gave guidance on what characteristics where required for it to be considered provisional measures under TRIPS and so imposed time limits.
    ECJ Agreement establishing the World Trade Organisation – TRIPS Agreement – Article 177 of the Treaty – Jurisdiction of the Court of Justice – Article 50 of the TRIPS Agreement – Provisional measures

    Citations:

    Gazette 09-Sep-1998, C-53/96, Ecj/Cfi Bulletin 16/98, [1998] EUECJ C-53/96

    Links:

    Bailii

    Statutes:

    Council Decision 94/800/EC Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)

    Cited by:

    Cited – Forensic Telecommunications Services Ltd v West Yorkshire Police and Another ChD 9-Nov-2011
    The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones.
    Held: ‘the present case is concerned with a collection . .
    Lists of cited by and citing cases may be incomplete.

    Intellectual Property, European

    Updated: 19 May 2022; Ref: scu.81344

    Handelsveem Bv and Others v Coreck Maritime GmbH: ECJ 1 Dec 2000

    When a court looked at a choice of the jurisdiction clause, it was not necessary that the clause should withoutmore establish the jurisdiction. A clause could be effective where the forum will be ascertainable at the time by reference to a the circumstances. In this case of the clause required a dispute under a bill of lading to be decided in the country where the carrier had his principal place of business. The requirement under the convention, that the parties should have should of ‘agreed’ the jurisdiction was satisfied where they had agreed a method of establishing it. The Brussels convention applied only if, first, at least one of the parties to the original contract was domiciled in the contracting state and, second, the parties agreed to submit any dispute before the Court of a contracting state.
    ‘The Court has held that, by making the validity of a jurisdiction clause subject to the existence of an ‘agreement’ between the parties, article 17 of the Convention imposes on the court before which the matter is brought the duty of examining first whether the clause conferring jurisdiction upon it was in fact the subject of consensus between the parties, which must be clearly and precisely demonstrated, and that the purpose of the requirements as to form imposed by article 17 is to ensure that consensus between the parties is in fact established . . ‘

    Citations:

    Times 01-Dec-2000, C-387/98, [2000] ECR I-9337, [2000] EUECJ C-387/98

    Links:

    Bailii

    Cited by:

    Cited – Bols Distilleries VB (T/A As Bols Royal Distilleries) and Another v Superior Yacht Services Ltd PC 11-Oct-2006
    (Gilbraltar) The parties disputed the management contract for a racing yacht, and also the juridiction of the Supreme Court of Gibraltar to hear the case. Bols said that under regulation 2(1) Gibraltar had no jurisdiction.
    Held: The English . .
    Lists of cited by and citing cases may be incomplete.

    Jurisdiction, Transport, European

    Updated: 19 May 2022; Ref: scu.81216

    Handels Og Kontorfunktionaerernes Forbund I Danmark (Acting On Behalf of Pedersen) v Faellesforeningen for Danmarks Brugsforeninger (Acting On Behalf of Kvickly Skive): ECJ 19 Nov 1998

    It was discriminatory to refuse payment of maternity benefits where a worker suffered a pathological illness connected to a pregnancy with an allowance of benefits where someone ordinarily sick would receive full pay.

    Citations:

    Times 01-Dec-1998, C-66/96, [1998] EUECJ C-66/96

    Links:

    Bailii

    Statutes:

    Council Directive 75/117/EEC on Equal Pay for Men and Women

    Discrimination, European

    Updated: 19 May 2022; Ref: scu.81215

    Fischer v Finanzamt Donaueschingen: ECJ 2 Jul 1998

    The taxpayer ran several gaming clubs under a license authorising roulette type games. He was assessed to VAT, calculated on a probability basis.
    Held: In general VAT was recoverable on unlawful supplies, including unlawful gaming arrangements, but where the national legislation exempted lawful arrangements it could not be applied to unlawful versions. Fiscal neutrality prevented unlawful gaming being treated differently. If gaming was VAT exempt, so also must be unlawful gaming.

    Citations:

    Times 02-Jul-1998, Gazette 09-Sep-1998, C-283/95, Ecj/Cfi Bulletin 15/98, 16, [1998] EUECJ C-283/95

    Links:

    Bailii

    Statutes:

    EC Treaty Art 177

    VAT, European

    Updated: 19 May 2022; Ref: scu.80572

    Elsen v Bundes-Versicherungsanstalt Fur Angestellte: ECJ 14 Feb 2001

    When calculating an old age pension, a member state was wrong to exclude a period in which the applicant had cared for her child in another member state. She was a frontier worker, and the child had been born in the home country. To allow periods in which she had cared for the child in a neighbouring state to be excluded when calculating her pension entitlement would discourage freedom of movement of workers, and was not to be permitted

    Citations:

    Times 14-Feb-2001, C-135/99

    Benefits, European

    Updated: 19 May 2022; Ref: scu.80303

    El-Yassini v Secretary of State for the Home Department: ECJ 11 Mar 1999

    The agreement giving Moroccan citizens rights of residence within the EU did not require a member state to renew a residence permit after the original purpose was satisfied, though not where work permit extended beyond the original residence permit.

    Citations:

    Times 11-Mar-1999, C-416/96

    Statutes:

    Co-operation Agreement between the European Economic Community and the Kingdom of Morocco

    Immigration, European

    Updated: 19 May 2022; Ref: scu.80306

    EC Commission v French Republic: ECJ 9 Sep 1998

    It was open to a member state to disallow reclaim of VAT on a motor vehicle even though it was the very tool of the owners trade. State had right to retain regulations predating the Council Directive disallowing such allowances.

    Citations:

    Gazette 09-Sep-1998, C-43/96, Ecj/Cfi Bulletin 16/98, 27

    Statutes:

    Sixth VAT Directive Art 17(6)

    VAT, European

    Updated: 19 May 2022; Ref: scu.80242

    EC Commission v Hellenic Republic: ECJ 9 Sep 1998

    The court emphasised the need for the member states to implement the Directive to reduce pollution from the listed substances. States should also state how they intended to test the implementation and also the time scale for implementation

    Citations:

    Gazette 09-Sep-1998, Ecj/Cfi Bulletin 15/98, 14, C-232/95, [1998] EUECJ C-232/95

    Links:

    Bailii, Bailii

    Statutes:

    Council Directive 76/464/EEC

    Environment, European

    Updated: 19 May 2022; Ref: scu.80243

    Ed Sri v Italo Fenocchio Case C-412-97 Ecj/Cfi Bulletin 18/99, 3: ECJ 6 Oct 1999

    Where a seller of goods wished to pursue a debtor in another member state who defaulted, it was not in improper interference with the free movement of goods to make unavailable in a summary form an action which would require service of proceedings abroad.

    Citations:

    Gazette 06-Oct-1999

    Statutes:

    ECTreaty Art 29

    Commercial, European

    Updated: 19 May 2022; Ref: scu.80248

    Dillenkofer and Others v Federal Republic of Germany: ECJ 8 Oct 1996

    Individuals have a right to claim damages for the failure to implement a Community Directive.
    LMA The case concerned a failure to implement a Directive on package holidays.
    Held: The breach by the German State was clearly inexcusable and was therefore sufficiently serious to warrant liability (no mention of conditions). Non transposition of Directive within the prescribed time limit of itself amounted to sufficiently serious breach (lack of discretion left to MS) An action in damages can be brought against the ‘State’ for failure to implement or defective implementation of a Directive.

    Citations:

    Times 14-Oct-1996, [1997] IRLR 60, C-178/94, [1996] EUECJ C-178/94

    Links:

    Bailii

    European

    Updated: 19 May 2022; Ref: scu.79965

    Deliege v Ligue Francophone De Judo et Disciplines Associees Asbl and Others: ECJ 11 Apr 2000

    It was not an unlawful discriminatory provision to restrict those who might take part in professional sports activities in another member state to be first authorised or selected by their own national federation where such competition was not on a national representative team level. If it was derived from a proper need inherent in the organisation of such a competition it could be proper. A selection system might favour some athletes over others, but need not constitute a restriction on the provision of services: ‘a rule requiring professional or semi-professional athletes or persons aspiring to take part in a professional or semi-professional activity to have been authorised or selected by their federation in order to be able to participate in a high-level international sports competition, which does not involve national teams competing against each other, does not in itself, as long as it derives from a need inherent in the organisation of such a competition, constitute a restriction on the freedom to provide services prohibited by Article 49 (ex 59) of the Treaty.’

    Citations:

    Times 19-Apr-2000, C-51/96, C-191/97, [2000] ECR I-2549, [2000] EUECJ C-191/97, [2000] EUECJ C-51/96

    Links:

    Bailii, Bailii

    Statutes:

    ECTreaty Art 234 49

    Cited by:

    Cited – Meca-Medina and Majcen v Commission ECFI 30-Sep-2004
    ECJ Competition – Freedom to provide services – Anti-doping legislation adopted by the International Olympic Committee (IOC) – Purely sporting legislation
    The claimants were athletes who complained that . .
    Cited – Adidas-Salomon Ag v Drape and others ChD 7-Jun-2006
    The claimants had sponsored tennis players to wear their logo. The respondents organised tennis tournaments whose intended rules would prevent the display of the claimant’s logos. The claimants said that the restriction interfered with their rights . .
    Lists of cited by and citing cases may be incomplete.

    European, Discrimination

    Updated: 19 May 2022; Ref: scu.79891

    Deutsche Post Ag v Gesellschaft Mbh and Another: ECJ 15 Mar 2000

    Where there was no agreement in place between two member states as to the terms upon which one would accept and deliver mail coming in to the receiving country for the other, it was proper to make a charge. That charge should not however seek to recover the entire cost of the onward delivery of the mail within the borders. Such a demand would be in breach of European law.

    Judges:

    G. Rodriguez Iglesias, P

    Citations:

    Times 15-Mar-2000, C-148/97, C-147/97, [2000] EUECJ C-147/97, [2000] EUECJ C-148/97

    Links:

    Bailii, Bailii

    European, Commercial

    Updated: 19 May 2022; Ref: scu.79940

    Deutsche Telekom Ag v Vick and Another; Same v Schroder; Deutsche Post Ag v Sievers and Another: ECJ 28 Mar 2000

    The social purposes of the Treaty in article 119 (141 EC) overrode the economic aims of the Treaty. Accordingly the article did not preclude a requirement upon a member state which imposed obligations to satisfy that social aim, even though it migt have economic consequences which risked an adverse effect upon that member states international competitiveness.

    Judges:

    R. Schintgen, P

    Citations:

    Times 28-Mar-2000, Case C-50/96, C-271/97, C-270/9, C-234/96, [2000] EUECJ C-271/97, [2000] EUECJ C-234/96

    Links:

    Bailii, Bailii

    Statutes:

    EC Treaty Art 141

    Cited by:

    Cited – Unison, Regina (on The Application of) v The Lord Chancellor and Another Admn 7-Feb-2014
    The claimant challenged the Regulations and Orders charging for the laying of complaints at Employment Tribunals, saying they were mistaken and discriminatory.
    Held: The challenge failed. The new Order was not in breach of European Union . .
    Lists of cited by and citing cases may be incomplete.

    Discrimination, European

    Updated: 19 May 2022; Ref: scu.79944

    D v W: ECJ 24 Oct 2000

    The fact that a service was provided by a doctor did not mean of itself that it came within Art 13 of the Directive. The test was whether the service was part a provision of care by diagnosing and treating some diseases or disorder. The carrying out of investigations to establish genetic differences, which was to provide evidence in paternity proceedings in a court was not part of such a process, and so did not attract exemption from VAT.

    Citations:

    Times 24-Oct-2000, C-384/98

    Statutes:

    Sixth Council Directive 77/388/EC on the harmonisation of laws of the member states relating to turnover taxes; common system of value added tax Art 13

    VAT, European

    Updated: 19 May 2022; Ref: scu.79768

    Crt France International Sa v Directeur Regional Des Impots De Bourgogne: ECJ 11 Aug 1999

    An importer of CB radios to France complained that he had had to pay taxes on the imports. A customs tax is one faced by imported goods but not by goods locally produced. There being no comparable local goods, it must remain a question for the national court. It was wrong to make an artificial comparison between local taxes and customs duties.

    Citations:

    Gazette 11-Aug-1999

    European

    Updated: 19 May 2022; Ref: scu.79700

    Criminal Proceedings Against Skills Motor Coaches Ltd and Others: ECJ 18 Jan 2001

    Where drivers drove away from their home and main centre of work to pick up a vehicle which would require them to record their activities on the tachograph, they were obliged in addition to record the time travelling as another period of work. This was not a situation where a driver had begun driving immediately after a rest period. Whether the driver had had specific instructions as to what to do or had had some element of choice was not conclusive either.

    Citations:

    Times 20-Feb-2001, [2001] EUECJ C-297/99, C-297/99

    Links:

    Bailii

    Statutes:

    Transport Act 1968

    Road Traffic, European

    Updated: 19 May 2022; Ref: scu.79669

    Criminal Proceedings Against Arblade and Others Joined Cases C-369/96 and C-376/96: ECJ 7 Dec 1999

    Where a member state had a minimum wage law, it was not contrary to the rules requiring the free movement of services, to require that a supplier from another state providing services within the state should do so subject to the minimum wage rules of the state in which the service is provided, and to criminalize breaches of such rules. There was no freedom to insist on payment of employers social funds contributions in both states.

    Citations:

    Times 07-Dec-1999

    Statutes:

    ECTreaty Article 234

    Employment, European

    Updated: 19 May 2022; Ref: scu.79653

    Criminal Proceedings Against Wijsenbeek Case: ECJ 12 Oct 1999

    It was not a breach of community law, restricting the free movement of persons within the community, to require a traveller to produce evidence of identity sufficient to establish his nationality and right to cross the frontier. Criminal sanctions for breaches of such a requirement were proper provided they remained proportionate.

    Citations:

    Times 12-Oct-1999

    Statutes:

    ECTreaty Article 234

    European

    Updated: 19 May 2022; Ref: scu.79670

    Criminal Proceedings Against Calfa: ECJ 21 Jan 1999

    A provision by a member state that a national from another member state could be expelled for life on conviction for certain drug offences and without consideration of his personal circumstances or the threat posed was contrary to Community law.

    Citations:

    Times 21-Jan-1999, C-348/96, [1999] EUECJ C-348/96

    Links:

    Bailii

    Statutes:

    ECTreaty 177

    Jurisdiction:

    England and Wales

    Criminal Sentencing, European

    Updated: 19 May 2022; Ref: scu.79657