Tag: European

Stunt v Associated Newspapers Ltd: CA 30 Jul 2018

The claimant appealed against a stay of part of his proceedings relating to the 1998 Act. He questioned whether section 32(4) provided a proper balance of his human rights.
Held: The court being in disagreement, the issue was referred to the CJEU.

Judges:

Sir Terence Etherton MR, Lord Justice McFarlane and Lady Justice Sharp

Citations:

[2018] EWCA Civ 1780

Links:

Bailii

Statutes:

Data Protection Act 1998, Charter of Fundamental Rights of the European Union, European Convention on Human Rights

Jurisdiction:

England and Wales

Information, Human Rights, European

Updated: 25 April 2022; Ref: scu.620480

Synergy Hellas v Commission: ECFI 10 Jul 2018

Order – Application – Grant Agreement under the Sixth Framework Program for Research, Technological Development and Demonstration Activities (2002-2006) – Recovery of sums paid – Application for suspension of operation – Failure of urgency

Citations:

ECLI:EU:T:2018:422, T-244/18, [2018] EUECJ T-244/18 – CO, [2019] EUECJ T-244/18

Links:

Bailii, Bailii

Jurisdiction:

European

European

Updated: 25 April 2022; Ref: scu.620050

Zyla v Staatssecretaris van Financien: ECJ 11 Jul 2018

Opinion – Preliminary ruling – Free movement of workers – Equal treatment – Income taxes – Social insurance contributions – Reduction of taxes and contributions – Worker having moved during the calendar year – Prorated reduction of the insured period

Citations:

C-272/17, [2018] EUECJ C-272/17 – O, ECLI:EU:C:2018:562, [2019] EUECJ C-272/17

Links:

Bailii, Bailii

Jurisdiction:

European

Income Tax, European

Updated: 25 April 2022; Ref: scu.620056

Transtec v Commission: ECFI 3 Jul 2018

Judgment – EDF – ACP countries – Cotonou Agreement – Support program for cultural initiatives in Portuguese-speaking African countries – amounts paid by the Commission to the entity entrusted with the financial implementation of the program in Guinea-Bissau – Recovery from following a financial audit – Compensation of claims – Proportionality – Unjust enrichment – Non-contractual liability

Citations:

T-616/15, [2018] EUECJ T-616/15, ECLI:EU:T:2018:399

Links:

Bailii

Jurisdiction:

European

European

Updated: 25 April 2022; Ref: scu.620052

XPQ v The London Borough of Hammersmith and Fulham: QBD 7 Jun 2018

The claimants said that the defendant housing authority had failed in its duties toward her as a victim of sex trafficking to provide her with accommodation as a homeless person.
Held: The claim failed.

Judges:

Langstaff J

Citations:

[2018] EWHC 1391 (QB), [2018] WLR(D) 349

Links:

Bailii

Statutes:

Parliament and Council Directive 2011/36/EU

Jurisdiction:

England and Wales

European, Local Government, Housing

Updated: 25 April 2022; Ref: scu.620077

Pegasus v Parliament: ECFI 11 Jul 2018

Judgment – Institutional law – European Parliament – Decision granting a grant to a political foundation – Pre-financing fixed at 33% of the maximum amount of the grant awarded – Obligation to provide a pre-financing bank guarantee – Financial Regulation – Rules for the application of the Financial Regulation – Regulation (EC) No 2004/2003 on the statute and financing of political parties at European level – Proportionality – Equal treatment

Citations:

ECLI:EU:T:2018:425, T-57/17, [2018] EUECJ T-57/17

Links:

Bailii

Jurisdiction:

European

European

Updated: 25 April 2022; Ref: scu.620035

PV v Commission: ECFI 12 Jul 2018

Order – Reference – Civil service – Moral harassment – Decisions taken by the Commission following dismissal – Disciplinary proceedings – Reassignment – Zeroing of wages – Application for interim measures – Manifest inadmissibility of main action – Partial inadmissibility – Smoke deficiency Jurisprudence – Urgency Failure

Citations:

ECLI:EU:T:2018:457, T-224/18, [2018] EUECJ T-224/18 – CO, [2019] EUECJ T-224/18_CO

Links:

Bailii, Bailii

Jurisdiction:

European

European

Updated: 25 April 2022; Ref: scu.620038

SFIE-PE v Parliament: ECFI 4 Jul 2018

Order -Applications for interim measures – Institutional law – Interpreters’ strike – Requisition measures for interpreters adopted by the European Parliament – Application for suspension of operation – Application for interim measures – Partial inadmissibility – Balancing of interests

Citations:

ECLI:EU:T:2018:403, T-401/18, [2018] EUECJ T-401/18 – CO

Links:

Bailii

Jurisdiction:

European

European

Updated: 25 April 2022; Ref: scu.620043

Societe Generale v ECB: ECFI 13 Jul 2018

Judgment – Economic and Monetary Policy – Prudential supervision of credit institutions – Article 4 (1) (d) and (3) of Regulation (EU) No 1024/2013 – Calculation of the leverage ratio – Refusal by the ECB to authorize the applicant to exclude from the calculation of the leverage ratio exposures meeting certain conditions – Article 429 (14) of Regulation (EU) No 575/2013 – ECB discretionary power – Errors of law – manifest error of assessment

Citations:

ECLI:EU:T:2018:473, T-757/16, [2018] EUECJ T-757/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 25 April 2022; Ref: scu.620044

Cobra SpA v Ministero dello Sviluppo economico: ECJ 11 Jul 2018

Mutual Recognition of The Conformity of Radio Equipment and Telecommunications Terminal Equipment – Judgment – Reference for a preliminary ruling – Directive 1999/5/EC – Mutual recognition of the conformity of radio equipment and telecommunications terminal equipment – Existence of harmonised standards – Need for the manufacturer to consult a notified body – Affixing of the identification number of a notified body

Citations:

C-192/17, [2018] EUECJ C-192/17, ECLI:EU:C:2018:554

Links:

Bailii

Jurisdiction:

European

European

Updated: 25 April 2022; Ref: scu.620007

Cstp Azienda Della Mobilita v Commission: ECFI 11 Jul 2018

Judgment – State aid – Enterprise operating bus routes in the Regione Campania – Advantage – Service of general economic interest – Tariff compensation for public service obligations paid following a decision of a court ruling on last resort – Decision declaring the aid incompatible with the internal market – Existing aid and new aid – Regulation (EEC) No 1191/69 – Conditions for exemption from the obligation to notify – Article 4 (5) and Article 7 paragraph 6,of Regulation (EC) No 659/99 – Jurisdiction of the Commission and national courts in the field of State aid control – Res judicata of a judgment of a higher national court – Application in time of substantive law – legitimate expectations – legal certainty

Citations:

T-186/15, [2018] EUECJ T-186/15, ECLI:EU:T:2018:431

Links:

Bailii

Jurisdiction:

European

European

Updated: 25 April 2022; Ref: scu.620012

Fundacion Tecnalia Research and Innovation v REA: ECFI 10 Jul 2018

(Order) Referred – Grant Agreement under the Seventh Framework Program for Research, Technological Development and Demonstration Activities (2007-2013) – Recovery of sums paid – Application for suspension of operation – Failure of urgency

Citations:

T-104/18, ECLI:EU:T:2018:421, [2018] EUECJ T-104/18 – CO, [2019] EUECJ T-104/18

Links:

Bailii, Bailii

Jurisdiction:

European

European

Updated: 25 April 2022; Ref: scu.620021

Europa Terra Nostra v Parliament: ECFI 11 Jul 2018

Judgment – Institutional law – European Parliament – Decision granting a grant to a political foundation – Pre-financing fixed at 33% of the maximum amount of the grant awarded – Obligation to provide a pre-financing bank guarantee – Financial Regulation – Rules for the application of the Financial Regulation – Regulation (EC) No 2004/2003 on the statute and financing of political parties at European level – Proportionality – Misuse of powers

Citations:

T-13/17, [2018] EUECJ T-13/17, ECLI:EU:T:2018:428

Links:

Bailii

Jurisdiction:

European

European

Updated: 25 April 2022; Ref: scu.620018

Commission v Belgium C-356/15: ECJ 11 Jul 2018

Judgment- Failure of a Member State to fulfill obligations – Social security – Regulation (EC) No 883/2004 – Articles 11 and 12 and Article 76 (6) – Regulation (EC) No 987/2009 – Article 5 – Posting of workers – Affiliation to a scheme for social security – Fight against fraud – Certificate A 1 – Refusal of recognition by the Member State of the exercise of the professional activity in case of fraud or abuse

Citations:

[2018] EUECJ C-356/15, ECLI:EU:C:2018:555

Links:

Bailii

Jurisdiction:

European

European

Updated: 25 April 2022; Ref: scu.620008

CLF v Parliament: ECFI 11 Jul 2018

Judgment
Institutional law – European Parliament – Decision granting a grant to a political party – Pre-financing fixed at 33% of the maximum amount of the grant awarded – Obligation to provide a pre-financing bank guarantee – Financial Regulation – Rules for the application of the Financial Regulation – Regulation (EC) No 2004/2003 on the statute and financing of political parties at European level – Proportionality – Equal treatment

Citations:

T-54/17, [2018] EUECJ T-54/17, ECLI:EU:T:2018:426

Links:

Bailii

Jurisdiction:

European

European

Updated: 25 April 2022; Ref: scu.620005

Amt Azienda Trasporti E Mobilita and Others v Atpl Liguria and Others: ECJ 5 Jul 2018

Approximation of Laws – Opinion
Reference for a preliminary ruling – Public procurement – Admissibility – Loss of purpose – Directive 89/665 / EEC – Review procedures – Requirement to have participated in the tendering procedure in order to be able to lodge an appeal – Tenderer’s standing in case of absolute certainty of ineligibility

Citations:

ECLI:EU:C:2018:542, [2018] EUECJ C-328/17 – O

Links:

Bailii

Jurisdiction:

European

European

Updated: 25 April 2022; Ref: scu.619996

APF v Parliament: ECFI 11 Jul 2018

Judgment
Institutional law – European Parliament – Decision granting a grant to a political party – Pre-financing fixed at 33% of the maximum amount of the grant awarded – Obligation to provide a pre-financing bank guarantee – Financial Regulation – Rules for the application of the Financial Regulation – Regulation (EC) No 2004/2003 on the statute and financing of political parties at European level – Proportionality – Misuse of powers

Citations:

T-16/17, [2018] EUECJ T-16/17

Links:

Bailii

Jurisdiction:

European

European

Updated: 25 April 2022; Ref: scu.619997

Clientearth v Commission: ECFI 11 Jul 2018

Access To Documents – Compatibility With Eu Law of Investor – State Dispute Settlement and The Investment Court System – Judgment
Access to documents – Regulation (EC) No 1049/2001 – Commission documents relating to the compatibility with EU law of Investor-State Dispute Settlement and the Investment Court System in EU trade agreements – Partial refusal of access – Exception concerning the protection of the public interest as regards international relations – Exception concerning the protection of legal advice – Exception concerning the protection of the decision-making process – Overriding public interest

Citations:

T-644/16, [2018] EUECJ T-644/16, ECLI:EU:T:2018:429,

Links:

Bailii

Jurisdiction:

European

European

Updated: 25 April 2022; Ref: scu.620006

Steetley Dolomite Ltd v Environment Agency: FTTGRC 23 May 2018

The court was asked whether or not a company is entitled to 184,630 allowances issued to it under the EU Greenhouse Gas Emissions Trading Scheme in respect of an industrial plant, Thrislington, for the calendar year 2016 during which the plant did not produce any emissions.

Citations:

[2018] UKFTT NV – 2018 – 0003

Links:

Bailii

Jurisdiction:

England and Wales

Environment, European

Updated: 25 April 2022; Ref: scu.619935

Staropilsen v EUIPO – Pivovary Staropramen (Staropilsen; Staroplzen): ECFI 26 Jun 2018

EU Trade Mark – Judgment – EU trade mark – Invalidity proceedings – EU word mark STAROPILSEN; STAROPLZEN – Earlier EU and national word marks STAROPRAMEN – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)

Citations:

ECLI:EU:T:2018:382, [2018] EUECJ T-556/17

Links:

Bailii

Jurisdiction:

European

European

Updated: 24 April 2022; Ref: scu.619028

Turbogas – Produtora Energetica SA v Autoridade Tributaria e Aduaneira: ECJ 27 Jun 2018

Energy – Taxation of Energy Products and Electricity – Judgment – Reference for a preliminary ruling – Directive 2003/96/EC – Taxation of energy products and electricity – Third subparagraph of Article 21(5) – Entity producing electricity for its own use – Small producers of electricity – Article 14(1)(a) – Energy products used for the production of electricity – Obligation to exempt)

Citations:

C-90/17, [2018] EUECJ C-90/17, ECLI:EU:C:2018:498

Links:

Bailii

Jurisdiction:

European

European

Updated: 24 April 2022; Ref: scu.619030

Spliethoff’s Bevrachtingskantoor v Commission: ECJ 28 Jun 2018

Financial Assistance In The Field of Connecting Europe Facility (Cef) – Judgment – Appeal – Actions for annulment – Admissibility – Determination of the subject-matter of the proceedings – Financial assistance in the field of Connecting Europe Facility (CEF) – Transport sector for the period 2014-2020 – Call for proposals – Innovation and Networks Executive Agency (INEA) – Email informing the appellant of the rejection of its proposal – Subsequent decision of the European Commission establishing the list of selected proposals – Effective judicial protection

Citations:

ECLI:EU:C:2018:510, [2018] EUECJ C-635/16P

Links:

Bailii

Jurisdiction:

European

European

Updated: 24 April 2022; Ref: scu.619027

Sainsbury’s Supermarkets Ltd v Mastercard Incorporated and Others: CA 4 Jul 2018

‘The central question in these three appeals is whether the setting of default multilateral interchange fees (‘MIFs’) within the MasterCard and Visa payment card systems contravenes article 101 of the Treaty on the Functioning of the European Union 2012/C326/01 (the ‘TFEU’).[1] Article 101(1) provides that agreements between undertakings which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market are prohibited as incompatible with the internal market of the European Union. Section 2 of the Competition Act 1998 (the ‘1998 Act’) makes the same provision in relation to agreements which may affect trade within the United Kingdom, and which prevent, restrict or distort competition within the United Kingdom.’
Held: The Court allowed the merchants’ appeals on the article 101(1) issue. The court will make appropriate declarations in each of the three cases to the effect that the agreements are restrictive of competition infringing article 101(1). The cases were remitted for indeividual reconsideration.

Judges:

Sir Terence Ttherton MR, Sir Geoffrey Vos Ch, Flaux LJ

Citations:

[2018] EWCA Civ 1536

Links:

Bailii, Press Summary

Jurisdiction:

England and Wales

European, Commercial

Updated: 24 April 2022; Ref: scu.618972

Poland v Parliament and Council: ECJ 21 Jun 2018

(Judgment) Action for annulment – Decision (EU) 2015/1814 – Determination of the legal basis – Taking into account the effects of the measure – None – Article 192 (1) TFEU – Article 192 (2), first subparagraph, subparagraph ), TFEU – Measures significantly affecting the choice of a Member State between different energy sources and the general structure of its energy supply – Principle of loyal cooperation – Article 15 TEU – Competence of the European Council – Principles of legal certainty and protection of legitimate expectations – Principle of proportionality – Impact assessment

Citations:

ECLI:EU:C:2018:483, [2018] EUECJ C-5/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 24 April 2022; Ref: scu.618766

Oberle: ECJ 21 Jun 2018

(Judgment) Request for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 650/2012 – Article 4 – General jurisdiction of a court of a Member State to rule on the succession as a whole – National legislation governing international jurisdiction to issue national certificates of succession – European Certificate of Succession

Citations:

ECLI:EU:C:2018:485, [2018] EUECJ C-20/17

Links:

Bailii

Jurisdiction:

European

European

Updated: 24 April 2022; Ref: scu.618763

Bajratari v Secretary of State for The Home Department: CANI 15 Dec 2017

Requests to the ECJ to provide a preliminary ruling on an issue of EU law relating to the status of a non-EU citizen claiming a derivative right of residence in the United Kingdom relying on the EU citizenship status of her child.

Citations:

[2017] NICA 74

Links:

Bailii

Jurisdiction:

Northern Ireland

Immigration, European

Updated: 24 April 2022; Ref: scu.618455

Connell, Regina (on The Application of) v Secretary of State for The Home Department: CA 15 Jun 2018

This appeal concerns the relationship between the deportation provisions of the UK 2007 Act, the provisions relating to deportation of EEA nationals contained in the 2006 Regulations, and the Secretary of State’s policy relating to deportation of Irish nationals.

Citations:

[2018] EWCA Civ 1329

Links:

Bailii

Statutes:

Borders Act 2007, Immigration (European Economic Area) Regulations 2006

Jurisdiction:

England and Wales

Immigration, European

Updated: 24 April 2022; Ref: scu.618375

Criminal Proceedings Against Bickel and Franz: ECJ 1 Dec 1998

Where a court had specific rules allowing a case against its own citizens to be heard in their own language, the same facility must be offered to an accused visiting from another member state.

Citations:

Times 01-Dec-1998, C-274/96, [1998] EUECJ C-274/96

Links:

Bailii

Statutes:

ECTreaty Art 177

Jurisdiction:

European

Cited by:

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.

Criminal Practice

Updated: 24 April 2022; Ref: scu.79655