Tag: European

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

Commissioners of Customs and Excise v DFD A/S: ECJ 24 Feb 1997

ECJ Article 26(2) of the Sixth Directive 77/388 on the harmonization of the laws of the Member States relating to turnover taxes is to be interpreted as meaning that, where a tour operator established in one Member State provides services to travellers through the intermediary of a company operating as an agent in another Member State, VAT is payable on those services in the latter State if that company, which acts as a mere auxiliary organ of the tour operator, has the human and technical resources characteristic of a fixed establishment. Although the place where a supplier’s business is established is the main fiscal point of reference, that reference would not lead to a rational result in that it takes no account of the actual place where the tours are marketed. On the other hand, the alternative approach of levying tax at the place of the fixed establishment from which those services are supplied, because it takes account of the possible diversification of travel agents’ activities in different places within the Community and avoids the distortions of competition which might arise from reliance on the place where the supplier has established his business, in that undertakings trading in a Member State might be encouraged to establish their businesses in a Member State in which the services in question were exempted, is based on the actual economic situation, which constitutes a fundamental criterion for the application of the common system of value added tax.

Citations:

Times 24-Feb-1997, C-260/95, [1997] EUECJ C-260/95

Links:

Bailii

VAT, European

Updated: 19 May 2022; Ref: scu.79380

Commission of the European Communities (Supported by the United Kingdom) v Hellenic Republic: ECJ 7 Jul 2000

When assessing the penalty to be imposed on a member state for failing to comply with a judgement of the court the court had to look at the duration of the breach, its seriousness, and its ability to pay. Here a fine of 20.000 Euros per day was imposed upon Greece for failing to control discharges into the sea in breach of court orders over several years.
The court described a waste management plan within the meaning of Article 7 of the Directive as ‘a comprehensive programme with a view to attaining certain objectives’.

Citations:

Times 07-Jul-2000, C-387/97, [2000] ECR I-5047, [2000] EUECJ C-387/97

Links:

Bailii

Cited by:

Cited – Regina v Daventry District Council ex parte Thornby Farms Admn 28-Jul-2000
The council granted licences for the disposal of waste animal carcasses by incineration. The objectors said the council had failed to take note of art 4 of the directive, and that as clinical waste alternative regimes applied.
Held: Animal . .
Cited – Derbyshire Waste Ltd v Blewett and Another CA 11-Nov-2004
Glapswell Colliery had closed. The owners sought to use it for waste disposal by landfill. The objector had obtained judicial review of the permission granted.
Held: The intention of the Landfill Directive was to discourage its use other than . .
Lists of cited by and citing cases may be incomplete.

European, Environment

Updated: 19 May 2022; Ref: scu.79301

Commission of the European Communities v French Republic (Supported by United Kingdom Intervener): ECJ 18 Jun 1998

(Judgment) It was open to member states to refuse to allow claim VAT input reclaims on articles purchased for transport which constituted the very tool of the trade of a taxpayer. Driving instructors may not reclaim VAT on their transport.

Citations:

Times 02-Jul-1998, C-43/96, [1998] EUECJ C-43/96

Links:

Bailii

Statutes:

Council Directive 77/388/EEC, EC Treaty 169

Jurisdiction:

European

VAT, European

Updated: 19 May 2022; Ref: scu.79302

Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland: ECJ 30 Apr 1999

The system in the UK of the government accepting undertakings from water companies as to the steps to be taken to comply with European regulations as to water standards had been used to allow non-compliance. The UK was in breach of requirements.

Citations:

Times 30-Apr-1999, C-340/96, [1999] EUECJ C-340/96

Links:

Bailii

Statutes:

Council Directive 80/778/EEC, Water Industry Act 1991

European, Utilities

Updated: 19 May 2022; Ref: scu.79307

Clean Car Autoservice Gesmbh v Landeshauptmann Von Wien: ECJ 13 May 1998

An employer can make use of EU legislation allowing free movement of workers as much as can individual employees. Member state requiring an own national head of company was invalid.

Citations:

Times 13-May-1998, C-350/96, [1998] EUECJ C-350/96

Links:

Bailii

Statutes:

ECTreaty Art 48

Employment, European

Updated: 19 May 2022; Ref: scu.79211

CMC Motorradcenter Gmbh v Baskiciullari: ECJ 13 Oct 1993

ECJ Obligation to provide information was too vague to be a restriction on trade – Article 30 of the Treaty does not preclude a rule established in the courts of a Member State from imposing an obligation to provide information prior to contract, as a result of which a parallel importer is under an obligation to inform purchasers of a given branded product that certain authorized dealers in that brand refuse to perform services under the guarantee for products which have been the subject of parallel imports.
On the one hand, such an obligation applies without distinction to all contractual relations and is not intended to regulate trade, and on the other hand an obstacle to the free movement of goods cannot result from that obligation but from the practice of authorized dealers, so that any restrictive effects which it might have are too indirect and uncertain to warrant the conclusion that it is liable to hinder trade between Member States.

Judges:

M Diez de Velasco, P

Citations:

Times 27-Oct-1993, C-93/92, [1993] EUECJ C-93/92

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 19 May 2022; Ref: scu.79238

Chief Adjudication Officer v Wolke; Remelien v Secretary of State for Social Security: HL 13 Nov 1997

The claimant was an EC national who had become resident here but was not seeking work, since she cared for her children. The Secretary of State said that since she was not seeking work, she was not entitled to remain and should make arrangements to leave the UK.
Held: The letter asking a claimant to make arrangements to return to his or her own European state was not sufficient of itself to remove his right to claim benefits.

Judges:

Lord Hoffmann

Citations:

Gazette 17-Dec-1997, Times 01-Dec-1997, [1997] UKHL 50, [1998] 1 All ER 129, [1997] 1 WLR 1640, [1998] 1 FLR 444, [1998] 1 FCR 119, [1998] Fam Law 193

Links:

House of Lords, Bailii

Statutes:

Income Support (General) Regulations 1987 21(3)(b), Social Security Contributions and Benefits Act 1992 175, Immigration (European Economic Area) Order 1994

Citing:

Cited – Regina v Immigration Appeal Tribunal, ex parte Antonissen ECJ 26-Feb-1991
ECJ The free movement of workers enshrined in Article 48 of the Treaty entails the right for nationals of Member States to move freely within the territory of the other Member States and to stay there for the . .
Cited – Regina v Stanislaus Pieck ECJ 3-Jul-1980
Any formality for the purpose of granting leave, coupled with a passport or an identity card check at the frontier, was contrary to article 3(2) of Directive 68/360 E.E.C. which prohibited Member States from demanding an entry visa or equivalent . .
Cited – Centre Public D’Aide Sociale De Courcelles v Lebon ECJ 18-Jun-1987
A right to equal treatment with regard to social and tax advantages accorded by article 7(2) of Regulation No. 1612/68 E.E.C. applied only to workers and not to nationals of Member States who move in search of employment. The latter were entitled . .
Cited – Regina 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:

Cited – London 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.

Benefits, Immigration, European

Updated: 19 May 2022; Ref: scu.79052

Caisse De Pension Des Employes Prives v Kordel et Al Case C-397/96: ECJ 22 Oct 1999

Where a citizen was injured in one member state, but resided and claimed benefits in another, the rights against the person who caused the injury had to be assessed under the law of the member state in which the accident took place, but a state claiming subrogation could not claim more than the amounts of benefits it actually paid in accordance with its own law.

Citations:

Times 22-Oct-1999

Personal Injury, European

Updated: 19 May 2022; Ref: scu.78827

Burgemeester En Wethouders Van Haarlemmerlied En Spaarnwoude v Gedeputerde Staten Van Noord-Holland: ECJ 9 Sep 1998

Where a development which might have significant environmental impact was proposed it was necessary to ensure that an environmental impact assessment had been carried out. It was not open to member states to exempt some types of development.

Citations:

Gazette 09-Sep-1998, C-81/96, Wcj/Cfi Bulletin 16/98, 28

Statutes:

Council Directive 90/313/EEC Freedom of Access to information on the environment.

Environment, European, Planning

Updated: 18 May 2022; Ref: scu.78743

Brown v Rentokil Ltd: ECJ 30 Jun 1998

Dismissal for any illness associated with pregnancy is for a sex related reason, and is discriminatory, and unlawful irrespective of the contractual right being otherwise applied equally to men suffering illness. Pregnancy is a period during which disorders and complications may arise compelling a woman to undergo strict medical supervision and, in some cases, to take absolute rest for all or part of her pregnancy. Those disorders and complications, which may cause incapacity for work, form part of the risks inherent in the condition of pregnancy and are thus a specific feature of that condition

Judges:

C. Gulmann, P

Citations:

Times 02-Jul-1998, Gazette 09-Sep-1998, [1998] IRLR 445, C-394/96, ECJ/CFI Bulletin 18/98, 1, [1998] EUECJ C-394/96, [1998] ECR I-4185, [1998] ICR 790, [1998] Fam Law 597, [1999] 1 FCR 49, [1998] 2 FLR 649, [1998] 2 CMLR 1049, [1998] CEC 829

Links:

Bailii

Statutes:

EC Treaty Art 177, Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment etc

Citing:

Appeal from – Reversed – Brown v Rentokil Ltd IHCS 10-Mar-1995
Mrs Brown was employed by Rentokil as a driver, transporting and changing ‘Sanitact’ units in shops. In her view, it was heavy work. She told Rentokil that she was pregnant. She had difficulties associated with the pregnancy. From 16 August 1990 . .
Lists of cited by and citing cases may be incomplete.

Discrimination, European

Updated: 18 May 2022; Ref: scu.78709

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 regulations caught the transaction, even though the Directive made no mention of such a transfer.

Citations:

Gazette 10-Dec-1998, [1998] IRLR 636, [1998] UKEAT 210 – 98 – 0408, [1998] ICR 1198

Links:

Bailii

Statutes:

Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794)

Jurisdiction:

England and Wales

Citing:

Cited – 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 . .

Cited by:

Cited – Astle and others v Cheshire County Council and Omnisure Property Management Ltd EAT 20-May-2004
EAT Issue whether Employment Tribunal asked itself the right question and/or was perverse in failing to find that the principal reason for the Council’s changed arrangements was to thwart TUPE and hence that the . .
Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 18 May 2022; Ref: scu.78672

Bossa v Nordstress Ltd: EAT 13 Mar 1998

The defendant company had refused to employ the complainant at Heathrow on the basis that he was Italian, and relied upon exemptions in the 1976 Act.
Held: A Statutory provision which permitted discrimination against a worker employed in Europe operated against the Treaty obligation to afford free movement of workers and is to be ignored.

Citations:

Times 13-Mar-1998

Statutes:

Race Relations Act 1976 8, EC Treaty Art 48

Discrimination, European

Updated: 18 May 2022; Ref: scu.78497

Barret Mckenzie and Co Ltd v Escada (UK) Ltd: QBD 1 Feb 2001

The court considered the method of calculation of compensation payable to a commercial agent on termination of the agency. The directive provided that the agent should be compensated, not indemnified, and the way an English court calculated compensation need not follow other European jurisdictions. A tariff system would be unfair, and the court must make allowance for the amounts expended by the agent. Accordingly it would be unjust to base the compensation on the gross return, but it should rather be based upon the net income of the agency.

Judges:

Bowers J

Citations:

Times 15-May-2001, [2001] EWHC QB 462, [2001] EuLR 567, [2001] All ER (D) 78

Links:

Bailii

Statutes:

Commercial Agents (Council Directive) Regulations 1993 No 3053

Citing:

Cited – King 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 . .

Cited by:

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

Agency, Commercial, European, Damages

Updated: 18 May 2022; Ref: scu.78249

Atkins v Wrekin District Council and Another: ECJ 11 Jul 1996

A concessionary fares scheme did not fall within the scope of sex discrimination laws. Equal treatment of men and women – Concessionary fares on public passenger transport services – Scope of Directive 79/7/EEC – Link with retirement age.
ECJ On a proper interpretation of Article 3(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security, a scheme under which concessionary fares on public passenger transport services are granted to certain classes of persons, including certain elderly persons, does not fall within the scope of the Directive.
First, a benefit consisting of concessionary fares on public passenger transport services does not afford direct and effective protection against one of the risks listed in Article 3(1) and the fact that the recipient of a benefit is, as a matter of fact, because of his age, in one of the situations envisaged by that article does not suffice to bring that benefit as such within the scope of the Directive.
Secondly, it cannot be concluded from the fact that, besides referring to the field of social security, Article 1 of Directive 79/7 refers to other elements of social protection provided for in Article 3 and that Article 3(1)(a) refers to statutory schemes which provide protection against the risks listed, without specifying that those schemes must fall under social security, that the scope of the Directive extends to social protection as a whole, and consequently to measures such as the said concessionary fares. In view of the unequivocal terms of the title of Directive 79/7, the various recitals in its preamble and Article 1 thereof, which all state that the Directive is intended to ensure the progressive implementation of the principle of equal treatment for men and women in matters of social security, the reference to other elements of social protection provided for in Article 3 cannot be interpreted otherwise than as referring to provisions concerning social assistance, which generally fall outside the area of social security but fall within the scope of the Directive pursuant to Article 3(1)(b) where they are intended to supplement or replace the schemes referred to in Article 3(1)(a).

Judges:

G.C. Rodriguez Iglesias, P

Citations:

Times 02-Aug-1996, C-228/94, [1996] EUECJ C-228/94

Links:

Bailii

Statutes:

Transport Act 1985 93(7), Directive 79/7/EEC

Discrimination, European, Transport

Updated: 17 May 2022; Ref: scu.77938

Arsenal Football Club Plc v Reed: ChD 6 Apr 2001

The defendant had sold memorabilia using the claimant’s name, and marks for thirty years. He sought to make it clear that the products were not sourced from the club. They were purchased, generally, by people who wore them as badges of allegiance to the club. The claim of passing off failed because the club had brought no evidence of confusion as to the source of them. The use appeared to infringe the claimant’s trade mark rights, but there is confusion as to whether such use constituted a non-trade mark use and could not be restrained by the Act, and whilst the judge was constrained to find for the claimant, he invited the parties to consider an appeal or reference to the European Court of Justice.

Citations:

Times 26-Apr-2001, [2001] EWHC Ch 440

Links:

Bailii, Bailii

Statutes:

Trade Marks Act 1994 10, Trade Marks Directive 89/104/EEC (1989 OJ No L40/5)

Citing:

Referred to – Arsenal 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 . .

Cited by:

Reference From – Arsenal 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 . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 17 May 2022; Ref: scu.77875

Antoine Kortas: ECJ 6 Oct 1999

Where a Directive measure has direct effect, it has that effect notwithstanding that it is passed under Article 100a(4) of the Treaty (now Article 95 EC) which allowed derogations by member states. The direct effect applied even though a notice of intended derogation had been received.

Citations:

Gazette 06-Oct-1999, C-319/97, Ecj/Cfi Bulletin 15/99 7

European

Updated: 17 May 2022; Ref: scu.77820

Angestelltenbetriebsrat Der Wiener Gebietskrankenkasse v Wiener Gebietskrankenkasse: ECJ 20 May 1999

Where two groups worked doing similar work, but one had superior qualifications, those qualifications could justify a pay differential. They were not to be treated as doing the same work.

Citations:

Times 20-May-1999, C-309/97, [1999] EUECJ C-309/97, [2000] ICR 1134

Links:

Bailii

Statutes:

Council Directive 75/117/EEC on the approximation of laws relating to equal pay for men and women., EC Treaty Art 234

Cited by:

Cited – Matthews and others v Kent and Medway Towns and Fire Authority and others HL 1-Mar-2006
Retained or part-time firefighters sought parity of working conditions with full time firefighters.
Held: The retained firefighters’ appeal succeeded (Lords Carswell and Mance dissenting). The test was whether the part-time and full time . .
Lists of cited by and citing cases may be incomplete.

Discrimination, European

Updated: 17 May 2022; Ref: scu.77799

Allen and Others v Amalgamated Construction Co Ltd: ECJ 10 Dec 1999

The European rules protecting employees rights on the transfer of undertakings operated also when employees when employees were transferred between two separate companies which were subsidiaries of another. They were legally distinct employers, even though some management was common within the group.

Citations:

Times 10-Dec-1999, [2000] ICR 436, C-234/98, [2000] IRLR 119, [1999] EUECJ C-234/98

Links:

Bailii

Statutes:

Council Directive 77/187/EEC

Jurisdiction:

European

Citing:

Cited – Spijkers v Gebroeders Benedik Abattoir ECJ 18-Mar-1986
ECJ Social policy – approximation of laws – transfers of undertakings – safeguarding of employees’ rights – Directive no 77/187 – transfer – meaning
(Council Directive no 77/187, art. 1(1).
The . .
Cited – Suzen v Zehnacker Gebaudereinigung Krankenhausservice (Judgment) ECJ 11-Mar-1997
A transfer of a contract to provide business services, without the transfer of significant assets was not a transfer of an undertaking within the Directive. Nevertheless the transfer of tangible assets was only one factor among several. . .

Cited by:

Considered – ADI (UK) Limited v Firm Security Group Limited CA 22-Jun-2001
ADI appealed against a decision that, when they took over a services contract, there had been a transfer within the Regulations.
Held: Though no assets tangible or otherwise, had been transferred, this was a contract to provide services at a . .
Cited – Fairhurst Ward Abbotts Limited v Botes Building Limited and others CA 13-Feb-2004
A claim was made under the TUPE regulations. The company replied that the part of the business transferred was not a discrete economic entity.
Held: The regulations did not require that in order to be governed by the regulations, a business . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 17 May 2022; Ref: scu.77740

Morgan Stanley Dean Witter Bank Ltd v Visa International Service Association: 2 May 2001

Judges:

Toulson J

Citations:

Unreported, 2 May 2001

Jurisdiction:

England and Wales

Cited by:

Cited – Inntrepreneur Pub Company (CPC) and others v Crehan HL 19-Jul-2006
The tenant had taken on pub leases with ties requiring him to buy beer from companies associated with the landlords. The European Commission had issued a decision and the House was asked whether this was binding on the parties.
Held: . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 17 May 2022; Ref: scu.243369

Trafalgar Tours Ltd v Customs and Excise Commissioners: CA 1990

United Kingdom legislation is to be construed so far as possible so as to give effect to the purpose(s) of the European directives. As to the meaining of ‘consideration’ under the Sixth Directive: ‘Having regard to art 11A(1)(a) of the Sixth Directive, we are, therefore, subject to one important qualification prepared to accept that the expression ‘consideration’ in s 10(2) of the 1983 Act means everything which the supplier has received or is to receive from the purchaser, the customer or a third party for the relevant supplies. The one important qualification is this. The concept of receipt for this purpose is not to be confined to mere physical receipt; anything which is received by persons for and on behalf of the supplier must be treated for this purpose as received by the supplier himself . . . ‘

Citations:

[1990] STC 127

Jurisdiction:

England and Wales

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.

European, VAT

Updated: 17 May 2022; Ref: scu.229020

Johanna Maria Delahaye v Ministre de la Fonction publique et de la Reforme administrative: ECJ 11 Nov 2004

Safeguarding of employees’ rights in the event of a transfer of an undertaking to the State – Possibility for the State to impose rules of public law – Reduction of the amount of remuneration.

Citations:

C-425/02

Jurisdiction:

European

European, Employment

Updated: 16 May 2022; Ref: scu.219611

Noonan v Commission: ECFI 28 Mar 1996

ECJ Any condition in a competition notice which prohibits candidates with a university degree from entering a competition for category C posts is unlawful – as is any decision of a selection board based on such a condition – because it is incompatible with the principle of equal treatment in conjunction with the first paragraph of Article 27 of the Staff Regulations, which provides inter alia that recruitment shall be directed to securing for the institution the services of officials of the highest standard of ability, efficiency and integrity.
The fact that the appointing authority enjoys a wide discretion in choosing competition requirements is irrelevant. The choice to be made in the exercise of that power must always be governed by the requirements of the posts to be filled and, more generally, the interests of the service. There is no link at all, however, between the contested condition and those requirements or interests.
Likewise irrelevant are the conditions laid down in Article 5(1) of the Staff Regulations and the requirements in Article 1(1) of Annex III to the Staff Regulations. Article 5(1), which lays down the minimum education and experience required for each staff category neither requires nor authorizes the application of a criterion which excludes candidates from a competition solely on the ground that they have a higher level of education than a particular maximum determined inter alia by the minimum for a category higher than that to which the competition relates. As regards Article 1(1) of Annex III, which lists the requirements to be stated in competition notices, it is evident that it does not relate to the diplomas and other evidence of formal qualifications possession of which entails exclusion of the holder from the competition, and that it also says nothing of the choice to be made by the appointing authority as regards the precise nature of the qualifications which may be required for a particular competition.

Citations:

T-60/92

Citing:

See Also – Noonan v Commission ECFI 16-Sep-1993
Officials – Admissibility – Action challenging a decision of a selection board applying the conditions laid down in a competition notice. . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 16 May 2022; Ref: scu.172580

Comitu Central d’Entreprise de la SA Vittel and Comitu d’Etablissement de Pierval v Commission of the European Communities: ECFI 6 Jul 1993

ECFI Where the effect of suspending the operation of a Commission decision authorizing, at the request of employees’ representative bodies in some of the undertakings concerned, a concentration between undertakings pursuant to Regulation No 4064/89 would be to suspend the authorization granted throughout the course of the proceedings before the Court, and where the effect of granting the interim measures applied for in the alternative would be to prolong the existence of a dominant position liable to have irreversible repercussions on competition in the sector concerned, it is incumbent on the judge hearing the application for interim measures to weigh all the interests involved. Accordingly, not only must the interests of the applicants be balanced against the Commission’ s interest in restoring effective competition but regard must also be had to the interests of third parties, in particular the undertakings concerned, so as to avoid both the creation of an irreversible situation and serious and irreparable damage to one of the parties to the proceedings or to a third party or else to the public interest. In circumstances such as those, there is no justification for granting the measures sought unless it appears that the employees represented by the applicants would otherwise be exposed to a situation jeopardizing their future position. In this case, the decision at issue cannot, in principle, have repercussions on the rights of the employees of the undertakings concerned and there is no risk of direct damage to them such as to justify the grant of interim measures. As regards the damage which the employees of the transferor allege would result from the fact that, in their view, the transfer runs counter to their right to maintenance of the assets of the undertaking, the applicants, merely referring to the minimal amount of the financial consideration given for the transfer, have not shown how a decrease in the assets of that undertaking would be liable, at first sight, to entail a risk of serious and irreparable damage regarding the maintenance of employment within the undertaking. In any event, it is common ground that the transfer price derives not from the Commission decision but from the negotiations undertaken by the undertakings concerned. As regards the damage that the employees of the undertaking to be transferred allege they would suffer by ceasing to enjoy the social advantages conferred on them either by their individual contracts or by the collective agreement in force in the transferor undertaking, Articles 3 and 4 of Directive 77/187/EEC on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings provide that a transferor’s rights and obligations arising from a contract of employment or from an employment relationship are transferred to the transferee. Moreover, under the applicable domestic employment legislation, any collective employment agreement of indefinite duration may be repudiated by the parties to it under the conditions laid down therein. It follows that, even if the alleged damage appears sufficiently certain, it cannot be a direct result of the Commission decision. Just as the decision does not require the new employers to call in question the collective agreement applicable to the employees of the undertaking transferred, suspension of its transfer would not provide any protection against the possibility of repudiation of the collective agreement in force.

Citations:

T-12/93

Cited by:

See Also – CCE Vittel and others v Commission ECFI 27-Apr-1995
ECJ Competition – Regulation (EEC) No 4064/89 – Decision declaring a concentration compatible with the common market – Action for annulment – Admissibility – Trade unions and works councils – Act of direct and . .
Lists of cited by and citing cases may be incomplete.

European, Employment

Updated: 16 May 2022; Ref: scu.172641

Ruiz Zambrano (European Citizenship): ECJ 8 Mar 2011

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

Judges:

Skouris P

Citations:

[2011] EUECJ C-34/09, C-34/09, [2011] All ER (EC) 491, [2011] 2 FCR 491, [2011] ECR I-1177, [2011] Imm AR 521, [2012] QB 265, [2011] INLR 481, ECLI:EU:C:2011:124, [2011] 2 CMLR 46, [2012] 2 WLR 886

Links:

Bailii

Statutes:

Charter of Fundamental Rights of the European Union, TFEU 20

Jurisdiction:

European

Citing:

Opinion – Ruiz Zambrano (European Citizenship) ECJ 30-Sep-2010
ECJ Opinion – Articles 18, 20 and 21 TFEU – Fundamental rights as general principles of European Union law – Article 7 of the Charter of Fundamental Rights of the European Union – European citizenship – . .

Cited by:

Cited – Campbell (Exclusion; Zambrano) Jamaica UTIAC 21-Mar-2013
UTIAC 1. Exclusion decisions are not be confused with exclusion orders.
2. It is settled law that the Secretary of State has the power to make an exclusion decision: see R (on the application of Naik) v . .
Cited – Nzolameso v City of Westminster SC 2-Apr-2015
The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she . .
Cited – Agyarko and Ikuga, Regina (on The Applications of) v Secretary of State for The Home Department SC 22-Feb-2017
Applications were made by foreign nationals, residing unlawfully in the UK, for leave to remain as the partners of British citizens with whom they had formed relationships during their unlawful residence, relying primarily on the duty imposed on the . .
Cited – Dereci and Others (European Citizenship) ECJ 15-Nov-2011
ECJ Grand Chamber – Citizenship of the Union – Right of residence of nationals of third countries who are family members of Union citizens – Refusal based on the citizen’s failure to exercise the right to freedom . .
Cited – HC, Regina (on The Application of) v Secretary of State for Work and Pensions SC 15-Nov-2017
This appeal concerns the rights of so-called ‘Zambrano carers’ and their children to financial support from the state. The appellant, an Algerian national married and had children here, but was refused housing after the break up the marriage. HC . .
Cited – Sanneh, Regina (on The Application of) v Secretary of State for Work and Pensions Admn 30-Apr-2012
Challenge to payment of Zambrano Income Support . .
Cited – DH (Jamaica) v Secretary of State for The Home Department CA 21-Dec-2012
Elias LJ said: ‘The right of residence is a right to reside in the territory of the EU. It is not a right to any particular quality of life or to any particular standard of living. Accordingly, there is no impediment to exercising the right to . .
Cited – Sanneh, Regina (on The Application of) v The Secretary of State for Work and Pensions and Another Admn 10-Apr-2013
. .
Cited – Sanneh and Others v Secretary of State for Work and Pensions CA 10-Feb-2015
The appeals concerned the question of whether ‘Zambrano carers’, who are non-EU citizens responsible for the care of an EU citizen child, are entitled to social assistance (that is, non-contributory welfare benefits) on the same basis as EU citizens . .
Cited – Secretary Of State For The Home Department v CS (Judgment : Citizenship Of The Union) ECJ 13-Sep-2016
The Court of Justice held: ‘that there are very specific situations in which, despite the fact that the secondary law on the right of residence of third-country nationals does not apply and the Union citizen concerned has not made use of his freedom . .
Cited – Rendon Marin (Judgment : Citizenship Of The Union) ECJ 13-Sep-2016
ECJ (Grand Chamber) Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Directive 2004/38/EC – Right of a third-country national with a criminal record to reside in a Member . .
Cited – Patel v Secretary of State for The Home Department SC 16-Dec-2019
Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to
reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union . .
Lists of cited by and citing cases may be incomplete.

European, Immigration, Children

Leading Case

Updated: 16 May 2022; Ref: scu.452172

KA and Others (Regroupement Familial En Belgique) (Border Control, Asylum, Immigration – Judgment): ECJ 8 May 2018

Reference for a preliminary ruling – Border control, asylum, immigration – Article 20 TFEU – Charter of Fundamental Rights of the European Union – Articles 7 and 24 – Directive 2008/115/EC – Articles 5 and 11 – Third-country national subject to an entry ban – Application for residence for the purposes of family reunification with a Union citizen who has not exercised freedom of movement – Refusal to examine the application

Citations:

[2018] 3 CMLR 28, ECLI:EU:C:2018:308, C-82/16, [2018] EUECJ C-82/16

Links:

Bailii

Jurisdiction:

European

Citing:

Cited – Chavez-Vilchez and Others (Union Citizenship – Article 20 TFEU – Access To Social Assistance and Child Benefit Conditional On Right of Residence In A Member State : Judgment) ECJ 10-May-2017
Reference for a preliminary ruling – Union citizenship – Article 20 TFEU – Access to social assistance and child benefit conditional on right of residence in a Member State – Third-country national responsible for the primary day-to-day care of her . .
Cited – Rendon Marin (Judgment : Citizenship Of The Union) ECJ 13-Sep-2016
ECJ (Grand Chamber) Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Directive 2004/38/EC – Right of a third-country national with a criminal record to reside in a Member . .
Cited – Dereci and Others (European Citizenship) ECJ 15-Nov-2011
ECJ Grand Chamber – Citizenship of the Union – Right of residence of nationals of third countries who are family members of Union citizens – Refusal based on the citizen’s failure to exercise the right to freedom . .

Cited by:

Cited – Patel v Secretary of State for The Home Department SC 16-Dec-2019
Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to
reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 16 May 2022; Ref: scu.615557

Chavez-Vilchez and Others (Union Citizenship – Article 20 TFEU – Access To Social Assistance and Child Benefit Conditional On Right of Residence In A Member State : Judgment): ECJ 10 May 2017

Reference for a preliminary ruling – Union citizenship – Article 20 TFEU – Access to social assistance and child benefit conditional on right of residence in a Member State – Third-country national responsible for the primary day-to-day care of her minor child, a national of that Member State – Obligation on the third-country national to establish that the other parent, a national of that Member State, is not capable of caring for the child – Refusal of residence possibly obliging the child to leave the territory of the Member State, or the territory of the European Union

Citations:

C-133/15, [2017] EUECJ C-133/15, [2018] QB 103, ECLI:EU:C:2017:354, [2017] 3 WLR 1326, [2017] WLR(D) 324

Links:

Bailii, WLRD

Jurisdiction:

European

Cited by:

Cited – KA and Others (Regroupement Familial En Belgique) (Border Control, Asylum, Immigration – Judgment) ECJ 8-May-2018
Reference for a preliminary ruling – Border control, asylum, immigration – Article 20 TFEU – Charter of Fundamental Rights of the European Union – Articles 7 and 24 – Directive 2008/115/EC – Articles 5 and 11 – Third-country national subject to an . .
Cited – Patel v Secretary of State for The Home Department SC 16-Dec-2019
Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to
reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union . .
Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 16 May 2022; Ref: scu.584297

X v United Kingdom: ECHR 3 Oct 1975

The applicant, a serving prisoner, complained that he had been excluded from voting in the referendum on the British membership of the EEC.
Held: Article 10 does not guarantee a right to vote as such.
Article 3 Protocol 1 : the obligations of the High Contracting Parties under this provision are limited to the field of elections concerning the choice of the legislature. British Referendum on EEC membership outisde the scope of this provision.

Citations:

7096/75

Statutes:

European Convention on Human Rights A3P1 810

Jurisdiction:

Human Rights

Cited by:

Cited – Moohan and Another v The Lord Advocate SC 17-Dec-2014
The petitioners, convicted serving prisoners, had sought judicial review of the refusal to allow them to vote in the Scottish Referendum on Independence. The request had been refused in the Outer and Inner Houses.
Held: (Kerr, Wilson JJSC . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Elections, European

Updated: 15 May 2022; Ref: scu.541521

Regina v Secretary of State for Environment, Transport and Regions ex parte International Air Transport Association: Admn 6 Nov 1998

Citations:

[1998] EWHC Admin 1052

Cited by:

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

Transport, European

Updated: 15 May 2022; Ref: scu.139173

Regina v Secretary of State for Environment Transport and Regions ex parte International Air Transport Association: Admn 21 Apr 1999

Citations:

[1999] EWHC Admin 332

Citing:

See Also – Regina v Secretary of State for Environment, Transport and Regions ex parte International Air Transport Association Admn 6-Nov-1998
. .

Cited by:

Leave – 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 . .
Lists of cited by and citing cases may be incomplete.

Transport, European

Updated: 15 May 2022; Ref: scu.139596

Societe D’Informatique Service Realisation Organisation v Ampersand Software Bv: ECJ 25 Sep 1995

Court’s refusal to stay enforcement of foreign court order cannot be appealed against. Different jurisdictions not to be used to get advantage on enforcement.

Citations:

Ind Summary 09-Oct-1995, Times 25-Sep-1995

Statutes:

EC Treaty Articles 37 and 38, Brussels Convention 1968

Jurisdiction:

European

Citing:

Reference from – Societe D’Informatique Service Realisation Org v Ampersand Software Bv CA 29-Sep-1993
Foreign judgment registered here despite claim that it was obtained by fraud. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 15 May 2022; Ref: scu.89368

Society of Lloyd’s v Clementson: ECJ 29 Nov 1995

Lloyds Name is a separate undertaking and Lloyds’ is an association of undertakings.

Citations:

Gazette 29-Nov-1995

Statutes:

EC Treaty Art 85

Jurisdiction:

European

Citing:

Reference from – Society of Lloyd’s v Clementson and Another CA 11-Nov-1994
It was arguable that a central insolvency fund created to manage the Lloyd’s liabilities distorted competition, and was therefore unenforceable. The court refused to make a preliminary ruling on the applicability of article 85 of the EC Treaty. . .

Cited by:

Referred to – Society of Lloyd’s v Clementson and Another CA 11-Nov-1994
It was arguable that a central insolvency fund created to manage the Lloyd’s liabilities distorted competition, and was therefore unenforceable. The court refused to make a preliminary ruling on the applicability of article 85 of the EC Treaty. . .
Lists of cited by and citing cases may be incomplete.

Insurance, European

Updated: 15 May 2022; Ref: scu.89370

Society of Lloyd’s v Clementson and Another: CA 11 Nov 1994

It was arguable that a central insolvency fund created to manage the Lloyd’s liabilities distorted competition, and was therefore unenforceable. The court refused to make a preliminary ruling on the applicability of article 85 of the EC Treaty.

Citations:

Times 16-Nov-1994, Independent 11-Nov-1994

Statutes:

EC Treaty Article 5

Jurisdiction:

England and Wales

Citing:

Appeal from – Society of Lloyd’s v Clementson and Another CA 11-Nov-1994
It was arguable that a central insolvency fund created to manage the Lloyd’s liabilities distorted competition, and was therefore unenforceable. The court refused to make a preliminary ruling on the applicability of article 85 of the EC Treaty. . .
Referred to – Society of Lloyd’s v Clementson ECJ 29-Nov-1995
Lloyds Name is a separate undertaking and Lloyds’ is an association of undertakings. . .

Cited by:

Appealed to – Society of Lloyds v Clementson, Same v Mason ComC 11-Jan-1994
An undertaking given on joining Lloyds is a sufficiently binding contract. . .
Appeal from – Society of Lloyd’s v Clementson and Another CA 11-Nov-1994
It was arguable that a central insolvency fund created to manage the Lloyd’s liabilities distorted competition, and was therefore unenforceable. The court refused to make a preliminary ruling on the applicability of article 85 of the EC Treaty. . .
Reference from – Society of Lloyd’s v Clementson ECJ 29-Nov-1995
Lloyds Name is a separate undertaking and Lloyds’ is an association of undertakings. . .
Lists of cited by and citing cases may be incomplete.

European, Insurance

Updated: 15 May 2022; Ref: scu.89374

Emesa Sugar (Free Zone) Nv v Aruba Case C-17/98: ECJ 29 Feb 2000

It was not open to a party to a case before the European Court of Justice to seek opportunity to make written representations on opinions submitted to the Court by the Advocate General. Opinions of the Court of Human Rights that a party should have opportunity to see and comment upon all matters put before a tribunal were not applicable in this case. The role of the Advocates General was not to act in a partisan manner, and their views were given in a quasi-judicial capacity.

Citations:

Times 29-Feb-2000

Jurisdiction:

European

European, Administrative, Human Rights

Updated: 15 May 2022; Ref: scu.80310

Ciasse Nationale D’Assurance Vieillesse Des Travailleurs Salries v Thibault: ECJ 13 May 1998

Rules which precluded an employee who was absent for maternity reasons from taking part in performance assessments affecting future promotion rights were breach of Council Directive.

Citations:

Times 13-May-1998

Statutes:

Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment Art 2(3) Art 5(1)

Discrimination, European

Updated: 15 May 2022; Ref: scu.79129

Commission v McCarron Poultry: ECFI 25 May 2016

ECJ (Judgment) Arbitration clause – Fifth Framework Programme of the European Community for research, technological development and demonstration activities (1998-2002) – Contract relating to ‘Energy, environment and sustainable development’ – Termination of the contract – Reimbursement of part of the amount advanced – Default interest – Procedure by default

Citations:

T-226/14, [2016] EUECJ T-226/14, ECLI:EU:T:2016:313

Links:

Bailii

Jurisdiction:

European

European

Updated: 15 May 2022; Ref: scu.564871

Meroni v Recoletos Limited: ECJ 25 May 2016

ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Recognition and enforcement of provisional and protective measures – Concept of ‘public policy’

Judges:

R. Silva de Lapuerta (Rapporteur), P

Citations:

C-559/14, [2016] EUECJ C-559/14, [2016] WLR(D) 285, ECLI:EU:C:2016:349

Links:

Bailii, WLRD

Statutes:

Regulation (EC) No 44/2001

Jurisdiction:

European

European

Updated: 15 May 2022; Ref: scu.564889

U-R Lab v EUIPO (The Dining Experience): ECFI 25 May 2016

ECJ (Judgment) Mark of the European Union – Application for figurative marks of the European Union and verbal THE DINING EXPERIENCE – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009 – Obligation to state reasons – Article 75 of Regulation No 207/2009

Citations:

T-422/15, [2016] EUECJ T-422/15, ECLI:EU:T:2016:314

Links:

Bailii

Jurisdiction:

European

European, Intellectual Property

Updated: 15 May 2022; Ref: scu.564898

Ice Mountain Ibiza v EUIPO – Etyam (Ocean Beach Club Ibiza): ECFI 25 May 2016

(Judgment) Brand of the European Union – Opposition proceedings – Application for figurative mark of the EU ocean beach club ibiza – Earlier national figurative and word marks ocean drive and Ibiza-hotel THE OCEAN GROUP – Cancellation of the earlier mark serving basis for the contested decision – No need to adjudicate

Citations:

T-753/14, [2016] EUECJ T-753/14

Links:

Bailii

Jurisdiction:

European

European, Intellectual Property

Updated: 15 May 2022; Ref: scu.564880

Abdoulaya and Others v Regie Nationale Des Usines Renault SA: ECJ 20 Oct 1999

A payment of a lump sum to female workers taking maternity leave so as to offset occupational disadvantage from the taking of that leave was not an infringement of equal pay provisions. The claim was that the payment went beyond making allowance for physical differences accompanying maternity to recompense for social disadvantage was equally felt by both men and women. The payment was proper since it did reflect real differences arising from the absence from work.

Citations:

Times 20-Oct-1999, C-218/98, [1999] EUECJ C-218/98

Links:

Bailii

Statutes:

EC Treaty Art 14

Discrimination, European

Updated: 15 May 2022; Ref: scu.77607

Webb (Judgment): ECJ 17 Dec 1981

Where an undertaking hires out, for remuneration, staff who remain in the employ of that undertaking, no contract of employment being entered into with the user, its activities constitute an occupation which satisfies the conditions laid down in the first paragraph of article 60 of the eec treaty. Accordingly they must be considered a ‘ ‘ service ‘ ‘ within the meaning of that provision.
The essential requirements of article 59 of the treaty became directly and unconditionally applicable on the expiry of the transitional period. Those essential requirements abolish all discrimination against the person providing the service by reason of his nationality or the fact that he is established in a member state other than that in which the service is to be provided. The freedom to provide services is one of the fundamental principles of the treaty and may be restricted only by provisions which are justified by the general good and which are imposed on all persons or undertakings operating in the member state in which the service is to be provided in so far as that interest is not safeguarded by the provisions to which the provider of the service is subject in the member state of his establishment.
Article 59 of the treaty does not preclude a member state which requires agencies for the provision of manpower to hold a licence from requiring a provider of services established in another member state and pursuing such activities on the territory of the first member state to comply with that condition even if he holds a licence issued by the state in which he is established, provided, however, that in the first place when considering applications for licences and in granting them the member state in which the service is provided makes no distinction based on the nationality of the provider of the services or his place of establishment, and in the second place that it takes into account the evidence and guarantees already produced by the provider of the services for the pursuit of his activities in the member state in which he is established.

Citations:

C-279/80

European, Employment

Updated: 11 May 2022; Ref: scu.133160

Regina v Hammersmith and Fulham London Borough Council Ex Parte Trustees of the Council for the Protection of Rural England: QBD 26 Oct 1999

The authority gave permission for a new shopping centre up to 600,000 sq ft as an urban project. The Trustees sought that the permission be set aside since the council had not undertaken an environmental impact assessment, and under the EC Treaty they had the right to make such a request. It was held that an individual could not seek to enforce a directive once it had been properly enshrined in a member state’s law. ‘ . . I accept that in exercising discretion with regard to costs . . I should seek to give effect to the overriding objective and should have particular regard to the need, so far as practicable, to ensure that the parties are on an equal footing and that the case is dealt with in a way which is proportionate to the financial position of each party. Those aspects of the overriding objective seem to me to be embedded in any event in the principles laid down in ex p CPAG.’

Judges:

Richards J

Citations:

Gazette 13-Jan-2000, CAT 26 October 1999

Statutes:

Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (1988 No 1199)

Jurisdiction:

England and Wales

Cited by:

Cited – The Campaign for Nuclear Disarmament v The Prime Minister of the United Kingdom,The Secretary of State for Foreign and Commonwealth Affairs, The Secretary of State for Defence (2) Admn 5-Dec-2002
The claimants intended to seek a judicial review requesting an interpretation of a resolution of the United Nations Security Council. They sought first, an order pre-emptively to limit their liability for costs.
Held: To make such a protective . .
Cited – Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry CA 1-Mar-2005
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the . .
Cited – Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2) QBD 31-Jul-2000
Developers submitted applications for outline permission for the development of a business park. The applicant sought to quash the grant on the basis that the environmental assessment was insufficiently detailed, and contained reserved matters, and . .
Lists of cited by and citing cases may be incomplete.

Environment, Planning, European

Updated: 11 May 2022; Ref: scu.85293

Kimberley-Clark Worldwide Inc v Proctor and Gamble Ltd and Another: CA 1 Dec 1999

Where a party to an action asserted that the patent holder had abused his monopoly position, the courts in England had discretion to refuse the patent holder leave to apply to amend his patent. When dealing with such issues, the court was entitled to take into account a wider range of issues than that contemplated by the European Patent Office.

Citations:

Times 01-Dec-1999, Gazette 08-Dec-1999

Statutes:

Patents Act 1977 75, Convention on the Grant of European Patents (Munich 1973)

Jurisdiction:

England and Wales

European, Intellectual Property

Updated: 10 May 2022; Ref: scu.82778

Customs and Excise Commissioners v Madgett and Another T/A Howden Court Hotel: QBD 15 Jan 1996

A hotel’s offering of a coach trip to collect guests may make them travel agents for VAT purposes. The case was referred on to the ECJ.

Citations:

Ind Summary 15-Jan-1996

Jurisdiction:

England and Wales

Citing:

Reffered to – Commissioners of Customs and Excise v Madgett and Baldwin (trading as Howden Court Hotel) ECJ 22-Oct-1998
The court considered the criteria for determining whether the provision to guests by a hotelier of travel services (and in particular transport to and from the hotel and excursions) constituted supply which was ancillary to the supply of . .

Cited by:

Reference from – Commissioners of Customs and Excise v Madgett and Baldwin (trading as Howden Court Hotel) ECJ 22-Oct-1998
The court considered the criteria for determining whether the provision to guests by a hotelier of travel services (and in particular transport to and from the hotel and excursions) constituted supply which was ancillary to the supply of . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 10 May 2022; Ref: scu.79733

Commission of the European Community v United Kingdom: ECJ 24 Aug 1993

The wording in the directive regarding the ‘traditional practice of bathing by large numbers’ is precise, and the UK must implement it.
Europa 1. Acts of the institutions – Directives – Implementation by the Member States – Information given to the Commission concerning planned measures – Obligation of the Commission to react within a specific period – None – Possibility of subsequently bringing proceedings against a Member State for failure to fulfil obligations (EEC Treaty, Arts 5, 169 and 189, third para.) 2. Approximation of laws – Quality of bathing water – Directive 76/160 – Bathing waters – Definition – Areas specially equipped for bathing and supervised by lifeguards – included irrespective of the actual number of bathers (Council Directive 76/160, Art. 1(2)(a), second indent) 3. Approximation of laws – Quality of bathing water – Directive 76/160 – Implementation by the Member States – Obligation as to the result to be achieved (Council Directive 76/160)
1. A Member State which is bound to implement a directive is not entitled to draw the inference from the Commission’s initial failure to react to a communication addressed to it regarding the manner in which the Member State intended to implement the directive that the Commission, which was obliged by neither Article 5 of the Treaty nor the provisions of the directive to express a view within a given period, had approved the criteria notified. It is for the Commission to decide when it intends to formulate objections and there is nothing to prevent it subsequently bringing proceedings against the Member State for failure to fulfil obligations. 2. The definition of ‘bathing water’ within the meaning of the second indent of Article 1(2)(a) of Directive 76/160 concerning the quality of bathing water must, in the light of the directive’ s underlying purpose as expressed in the recitals in the preamble thereto, be understood as encompassing at all events the waters of bathing resorts equipped with certain facilities, such as changing huts, toilets and markers indicating bathing areas, and supervised by lifeguards. 3. Directive 76/160 concerning the quality of bathing water, Article 4(1) of which imposes an obligation on Member States to take all the measures necessary to ensure that their bathing waters conform to the physical, chemical and microbiological values laid down by the directive within a period of ten years from its notification, requires Member States to take steps to ensure that the prescribed results are attained within the period laid down; apart from the derogations expressly provided for by the directive they may not rely on particular circumstances to justify a failure to fulfil that obligation.

Citations:

Independent 24-Aug-1993, C-56/90

Environment, European

Updated: 10 May 2022; Ref: scu.79309

Commission of the European Communities v Ireland: ECJ 19 Oct 1999

The Directive gave member states some discretion as to setting criteria to be fulfilled before a project could be said to have a substantial effect and so require an environmental assessment before being allowed to proceed. Nevertheless, it was not open to members to use a simple size measurement as such a criteria, since this made no allowance for the possible substantial effects of even small projects.

Citations:

Times 19-Oct-1999, C-392/96

Statutes:

Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment., EC Treaty Art 226

Environment, European

Updated: 10 May 2022; Ref: scu.79304

Commission of the European Communities v United Kingdom Case C-359/97: ECJ 10 Oct 2000

The UK had not complied with its obligations to the commission with regard to VAT in that it had failed to apply VAT to the collection of tolls on the use of roads and bridges where operated privately. The fact that similar operations were carried out by public bodies which would be exempt was insufficient to cause private operators to be exempt. Because the UK had failed to collect these sums, its accounting with the Commission was also in error.

Citations:

Times 10-Oct-2000

VAT, Transport, European

Updated: 10 May 2022; Ref: scu.79306

Francis v Secretary of State for Work and Pensions: CA 10 Nov 2005

The applicant had sought payment of a ‘Sure Start’ maternity grant. She had obtained a residence order in respect of her sister’s baby daughter who had been taken into care. She said that a payment would have been made to the partner of a mother or an adopter, and that she should be similarly entitled.
Held: The regulations were discriminatory, and a declaration was granted. ‘we are bound to apply the test suggested by the House of Lords and to examine whether the ground for different treatment in this case amounts to a status in the sense of a personal characteristic. ‘ and ‘administrative convenience cannot in itself be a sufficient justification for discrimination without some other justification as to why those in an analogous or relevantly similar situation are being excluded.’ Where the Secretary of State relies on administrative convenience and ‘bright line’ rules he must still show some ‘serious adverse consequences’ to justify the discrimination.

Judges:

Auld LJ, Moore-Bick LJ, Sir Peter Gibson

Citations:

[2005] EWCA Civ 1303, Times 17-Nov-2005, [2006] 1 WLR 3202

Links:

Bailii

Statutes:

European Convention on Human Rights 14, Social Fund Maternity and Funeral Expenses (General) Regulations 1987 5

Jurisdiction:

England and Wales

Citing:

Cited – Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same HL 26-May-2005
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s . .
Cited – Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions HL 5-May-2005
Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR.
Held: The . .
Cited – Kjeldsen, Busk, Madsen and Peddersen v Denmark ECHR 7-Dec-1976
The claimants challenged the provision of compulsory sex education in state primary schools.
Held: The parents’ philosophical and religious objections to sex education in state schools was rejected on the ground that they could send their . .
Cited – The National and Provincial Building Society, The Leeds Permanent Building Society And The Yorkshire Building Society v The United Kingdom ECHR 23-Oct-1997
There was no breach of human rights by the retrospective removal of a right to reclaim overpaid tax. Such a decision was within the general power of a government to impose and collect tax. Not every difference in treatment will amount to a violation . .
Cited – Petrovic v Austria ECHR 27-Mar-1998
The applicant was refused a grant of parental leave allowance in 1989. At that time parental leave allowance was available only to mothers. The applicant complained that this violated article 14 taken together with article 8.
Held: The . .
Cited – S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper HL 22-Jul-2004
Police Retention of Suspects DNA and Fingerprints
The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life.
Held: The parts of DNA used for testing . .
Cited – Engel And Others v The Netherlands (1) ECHR 8-Jun-1976
The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining . .
Cited – Regina v A (Complainant’s Sexual History) (No 2) HL 17-May-2001
The fact of previous consensual sex between complainant and defendant could be relevant in a trial of rape, and a refusal to allow such evidence could amount to a denial of a fair trial to a defendant. Accordingly, where the evidence was so relevant . .

Cited by:

Cited – Stewart v Secretary of State for Work and Pensions CA 29-Jul-2011
The court considered the arrangements for providing public support for the costs of funerals. The claimant’s son had died whilst she was in prison. Assistance had been refused because, as a prisoner, she was not receiving benefits. She complained . .
Cited – RR v Secretary of State for Work and Pensions SC 13-Nov-2019
Housing benefit regulations had been found unlawful and were amended. The Court now considered what payments should have been made before the amendments came into effect.
Held: The appeal was allowed, and RR’s housing benefit entitlement is to . .
Lists of cited by and citing cases may be incomplete.

Benefits, European, Discrimination, Human Rights

Updated: 09 May 2022; Ref: scu.234694

Regina v Secretary of State for Health; Scientific Committee for Tobacco and Health ex parte Imperial Tobacco Limited and Others: Admn 6 Jul 1998

Citations:

[1998] EWHC Admin 712

Jurisdiction:

England and Wales

Cited by:

Appeal from – The Secretary of State For Health, The Secretary Of State For Trade and Industry, H M Attorney General v Imperial Tobacco Limited etc CA 16-Dec-1999
The fact that a European Directive appeared to be likely to be subject to a successful adverse finding in a pending hearing, was not sufficient to restrict the right of a member state to legislate to give effect to the Directive, even if they chose . .
Lists of cited by and citing cases may be incomplete.

European, Media, Health

Updated: 05 May 2022; Ref: scu.138833

Commission of the European Communities (supported by United Kingdom, intervener) v French Republic: ECJ 13 Dec 2001

Europe had banned the export of beef from England to prevent the sale of BSE infected meat. The ban was lifted under strict conditions set under Community veterinary advice. The French Republic retained their ban, and continued it despite instruction from the Commission to lift it, saying that their own national Food Safety Agency said there were still unresolved questions, regarding the traceability of certain product. Those concerns remained apposite as to some pre-packed products, but as to the rest the complaint was upheld.

Judges:

CJ Rodriguez Iglesias, P and Judges P Jann, F Macken, N. Colneric, S. von Bahr, C. Gulmann, DAO Edward, A. La Pergola, J-P Puissochet, L Sevon, M Wathelet, R Schintgen and V Skouris Advocate General J Mischo

Citations:

Times 19-Dec-2001, Case C-1/00

Jurisdiction:

European

Agriculture, European, Commercial

Updated: 28 April 2022; Ref: scu.167073

Royscott Leasing Ltd and Another v Commissioners of Customs and Excise; Allied Domecq Plc v Same; T C Harrison Group Ltd v Same: CA 23 Nov 1998

The court has the power to with draw a reference of a case to the European Court of Justice. This should only normally be done, however, where it had become clear that the reference would no longer serve any useful purpose.

Citations:

Times 23-Nov-1998

Jurisdiction:

England and Wales

Cited by:

Reference – Royscott Leasing Ltd and others v Customs and Excise Commissioners ECJ 15-Oct-1999
The fact that motor vehicles might in some circumstances be only capable of being used within a person’s trade or business, did not mean that a member state was disallowed from excluding the right to deduct VAT from payments made on the purchase of . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 28 April 2022; Ref: scu.88907