Tag: European

Colino Siguenza (Transfers of Undertakings – Safeguarding of Employeesa Rights – Dismissal By Reason of Transfer – Judgment): ECJ 7 Aug 2018

Reference for a preliminary ruling – Directive 2001/23/EC – Scope – Article 1(1) – Transfers of undertakings – Safeguarding of employees’ rights -Service contract for the management of a municipal Academy of Music – Cessation of the activity of the first contractor before the end of the current school year and designation of a new contractor at the beginning of the following school year – Article 4(1) – Prohibition of dismissal by reason of transfer – Exception – Dismissal for economic, technical or organisational reasons entailing changes in the workforce – Charter of Fundamental Rights of the European Union – Article 47

Citations:

C-472/16, [2018] EUECJ C-472/16, ECLI:EU:C:2018:646

Links:

Bailii

Statutes:

Charter of Fundamental Rights of the European Union 47, Directive 2001/23/EC 1(1)

Jurisdiction:

European

Human Rights, Employment

Updated: 28 April 2022; Ref: scu.621609

Holohan and Others (Conservation of Natural Habitats and of Wild Fauna and Flora – Opinion): ECJ 7 Aug 2018

Request for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Directive 2011/92/EU – Assessment of the effects of certain public and private projects on the environment – Special protection area – Appropriate assessment of the effects of a project on an area – Road construction project – Statement of reasons – Alternatives

Citations:

C-461/17, [2018] EUECJ C-461/17 – O, ECLI:EU:C:2018:649

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 28 April 2022; Ref: scu.621612

Coal Staff Superannuation Scheme Trustees Ltd v Revenue and Customs: UTTC 16 May 2018

INCOME TAX – pension fund lending overseas shares under stock lending arrangements – ICTA 1988, Sch 23A – manufactured overseas dividends (‘MODs’) representative of dividends on overseas shares – whether a difference in UK tax treatment between MODs and manufactured dividends representative of dividends on UK shares was a restriction on movement of capital – Art 56 EC Treaty; Art 63 TFEU – whether restriction justified by an overriding reason in the public interest – prevention of tax avoidance – balanced allocation of taxing powers – fiscal cohesion – remedy

Citations:

[2018] UKUT 152 (TCC), [2018] BTC 515, [2019] WLR(D) 544, [2018] STC 1095, [2018] 3 CMLR 35, [2018] STI 1049

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Cited by:

Appeal from – Revenue and Customs v Coal Staff Superannuation Scheme Trustees Ltd CA 3-Oct-2019
. .
At UTTx – Revenue and Customs v Coal Staff Superannuation Scheme Trustees Ltd SC 27-Apr-2022
The Respondent is the trustee of the British Coal Staff Superannuation Scheme, a registered pension fund holding a large portfolio of shares in UK and overseas companies. Between 2002 and 2008, the pension fund undertook a large number of ‘stock . .
Lists of cited by and citing cases may be incomplete.

Income Tax, European

Updated: 28 April 2022; Ref: scu.616367

Dollfus Mieg et Cie v CWD International Ltd; LBJ Regents Ltd and another v Dolifus Mieg et Cie: QBD 17 Mar 2003

The applicant was a Part 20 defendant in a cross action brought between two other parties. It sought to have its own claim against the original claimant heard as a counterclaim.
Held: Article 6 should not be construed so widely as to allow a cross claim by someone other than the original defendant to the counterclaim. The normal domicile rule could not support such a derogation.

Judges:

Havelock-Allan J

Citations:

Times 19-Apr-2003

Statutes:

Civil Procedure Rules 20, Council Regulation (EC) 44/2001 6(3)

Jurisdiction:

England and Wales

Citing:

Cited – Baltic Insurance Group v Jordan Grand Prix Limited and Others and Quay Financial Software Limited and Others (By Counter Claim and One Other Action) HL 20-May-1998
The Brussels Convention requires an insurance company to commence a claim against an insured in the country in which it operates. This applies also to non-convention countries, and a counterclaim may not add a new party from another jurisdiction. . .
Cited – Dollfus Mieg et Cie v CWD International Ltd; LBJ Regents Ltd and another v Dolifus Mieg et Cie QBD 17-Mar-2003
The applicant was a Part 20 defendant in a cross action brought between two other parties. It sought to have its own claim against the original claimant heard as a counterclaim.
Held: Article 6 should not be construed so widely as to allow a . .

Cited by:

Cited – Dollfus Mieg et Cie v CWD International Ltd; LBJ Regents Ltd and another v Dolifus Mieg et Cie QBD 17-Mar-2003
The applicant was a Part 20 defendant in a cross action brought between two other parties. It sought to have its own claim against the original claimant heard as a counterclaim.
Held: Article 6 should not be construed so widely as to allow a . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Civil Procedure Rules, European

Updated: 27 April 2022; Ref: scu.180875

Eddy’s Snack Company v EUIPO – Chocoladefabriken Lindt and Sprungli (Eddy’s Snackcompany): ECFI 19 Sep 2018

Trademark of the European Union – Opposition proceedings – Application for the mark of the European Union verbale Eddy’s Snackcompany – Earlier national word mark TEDDY – Relative ground for refusal – Principle ultra petita – Article 76 (1) of the regulation ( EC) No 207/2009 [now Article 95 (1) of Regulation (EU) 2017/1001) – likelihood of confusion – similarity of signs – Article 8 (1) (b) of Regulation No 207/2009 Article 8 (1) (b) of Regulation 2017/1001)

Citations:

T-652/17, [2018] EUECJ T-652/17

Links:

Bailii

Jurisdiction:

European

European

Updated: 27 April 2022; Ref: scu.622613

Commission v France and IFP Energies Nouvelles: ECJ 19 Sep 2018

(State Aid Scheme Implemented By France – Unlimited State Guarantee – Judgment) Appeal – State aid – State aid scheme implemented by France – Unlimited State guarantee conferred on the Institut francais du petrole (IFP) by the grant of the status of publicly owned industrial and commercial establishment (EPIC) – Decision declaring that measure as partially not constituting State aid and as partially constituting State aid compatible with the Internal market, subject to certain conditions – Concept of ‘aid scheme’ – Presumption of the existence of an advantage – Burden and standard of proof

Citations:

C-438/16, [2018] EUECJ C-438/16P

Links:

Bailii

Jurisdiction:

European

European

Updated: 27 April 2022; Ref: scu.622611

Touring Tours Und Travel: ECJ 6 Sep 2018

Opinion – Reference for a preliminary ruling – Area of ??freedom, security and justice – Regulation (EC) No 562/2006 – Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) – Articles 20 and 21 – Abolition of supervision on the internal borders of the Schengen area – Regulation of a Member State requiring a bus operator crossing the internal borders of the Schengen area to check passports and residence permits of passengers – Directive 2002/90 / EC – Framework Decision 2002/946 / JHA – Aid for irregular entry

Citations:

C-412/17, [2018] EUECJ C-412/17 – O

Links:

Bailii

Jurisdiction:

European

European

Updated: 27 April 2022; Ref: scu.622597

Yon v Landeshauptstadt Stuttgart: ECJ 7 Aug 2018

EEC – Turkey Association – Right of Residence of Family Members of A Turkish Worker – Judgment – Reference for a preliminary ruling – EEC-Turkey Association – Decision No 2/76 – Article 7 – Standstill clause – Right of residence of family members of a Turkish worker – Visa requirement for admission to the territory of a Member State

Citations:

C-123/17, [2018] EUECJ C-123/17, ECLI:EU:C:2018:632

Links:

Bailii

Jurisdiction:

European

European

Updated: 27 April 2022; Ref: scu.621625

Hitachi Metals v Commission (Competition – European Market for Power Cables – Judgment) : ECFI 12 Jul 2018

Competition – Agreements, decisions and concerted practices – European market for power cables – Decision finding an infringement of Article 101 TFEU – Single and continuous infringement – Proof of the infringement – Duration of participation – Public distancing – Calculation of the fine – Gravity of the infringement – Unlimited jurisdiction

Citations:

T-448/14, [2018] EUECJ T-448/14, ECLI:EU:T:2018:442

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 27 April 2022; Ref: scu.621571

Dyson (Retail of Vacuum Cleaners – Energy Class Label – Judgment): ECJ 25 Jul 2018

Reference for a preliminary ruling – Retail of vacuum cleaners – Energy class label – Directive 2010/30/EU – Delegated Regulation (EU) No 665/2013 – Vacuum cleaners – Display of other symbols – Unfair commercial practices – Consumer protection – Directive 2005/29/EC – Article 7 – Failure to state the conditions under which energy efficiency is measured – Misleading omission

Citations:

C-632/16, [2018] EUECJ C-632/16, ECLI:EU:C:2018:599

Links:

Bailii

Jurisdiction:

European

Consumer

Updated: 27 April 2022; Ref: scu.621559

European Union v Aspla and Armando Alvarez (Appeal – European Union – Obligation To Adjudicate Within A Reasonable Time – Opinion): ECJ 25 Jul 2018

Appeal – Admissibility – Non-contractual liability – Reasonable duration of the proceedings – Court of Justice of the European Union – Obligation to adjudicate within a reasonable time – Material damage – Bank guarantee charges – Interest – Causal link

Citations:

C-174/17, [2018] EUECJ C-174/17P – O

Links:

Bailii

Jurisdiction:

European

European

Updated: 26 April 2022; Ref: scu.621561

European Union v Gascogne Sack Deutschland and Gascogne (Obligation To Adjudicate Within A Reasonable Time – Opinion): ECJ 25 Jul 2018

Appeal – Non-contractual liability – Reasonable duration of the proceedings – Obligation to adjudicate within a reasonable time – Material damage – Bank guarantee charges – Causal link – Non-material damage

Citations:

C-138/17, [2018] EUECJ C-138/17P – O

Links:

Bailii

Jurisdiction:

European

European

Updated: 26 April 2022; Ref: scu.621562

Gaskin, Regina (on The Application of) v Richmond Upon Thames London Borough Council and Another: Admn 31 Jul 2018

The court was asked ‘does the owner of a house in multiple occupation (‘HMO’) provide a ‘service’ for the purposes of Directive 2006/123/EC of the European Parliament and Council of 12 December 2006 on services in the internal market (‘the Services Directive’)?’

Citations:

[2018] EWHC 1996 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Housing, European, Local Government, Licensing

Updated: 26 April 2022; Ref: scu.621440