Tag: European

Ministry of Justice v Dicu: ECJ 20 Mar 2018

(Opinion) Reference for a preliminary ruling – Social policy – Adjustment of working time – Right to paid annual leave – Duration – Meaning of ‘period of actual work’ – Right to parental leave – Failure to take into account the duration of parental leave for the purposes of the determination the right to paid annual leave

Citations:

ECLI:EU:C:2018:195, [2018] EUECJ C-12/17 – O

Links:

Bailii

Jurisdiction:

European

European

Updated: 06 April 2022; Ref: scu.606492

Skatteministeriet v Y Denmark Aps: ECJ 1 Mar 2018

Opinion – Approximation of Laws – Reference for a preliminary ruling – Directive 2011/96 / EU on the common system of taxation applicable to parent companies and subsidiaries of Member States (referred to as the Parent-Subsidiary Directive) – Necessity of an effective beneficiary in the event of dividend payments – Misuse tax adjustment possibilities – Criteria relating to the existence of an abuse committed with the aim of evading taxation at source – Impact of the comments of the OECD model convention on the interpretation of a tax directive European Union – Direct Application of a Non-Transposed Directive Provision – Interpretation in Accordance with EU Law of National Principles for the Prevention of Abuse

Judges:

Kokott AG

Citations:

ECLI:EU:C:2018:145, [2018] EUECJ C-117/16 – O

Links:

Bailii

Jurisdiction:

European

European

Updated: 06 April 2022; Ref: scu.606035

SNCF Mobilites v Commission: ECJ 7 Mar 2018

State Aid – Aid Implemented By The French Republic In Favour of Sernam – Judgment – Appeal – State aid – Aid implemented by the French Republic in favour of Sernam – Restructuring and recapitalisation aid, guarantees and waiving of Sernam’s financial debts by SNCF – Decision declaring that aid incompatible with the internal market and ordering its recovery – Sale of assets en bloc – Concept of ‘sale’ – Confusion between object and price of the sale of assets en bloc – Open and transparent procedure – Private investor test – Application of that principle to an assignment of assets en bloc – Compensatory measures

Citations:

C-127/16, [2018] EUECJ C-127/16P, [2018] EUECJ C-127/16, [2017] EUECJ C-127/16_O, [2017] EUECJ C-127/16P_O

Links:

Bailii, Bailii, Bailii, Bailii

Jurisdiction:

European

European

Updated: 06 April 2022; Ref: scu.606029

X Denmark A/S v Skatteministeriet: ECJ 1 Mar 2018

Opinion – Approximation of Laws – Reference for a preliminary ruling – Council Directive 2003/49 / EC on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States (known as the Interest and Royalties Directive) – Concept of beneficial ownership – Proprietary trading for for-hire – Impact of comments of the OECD model convention on the interpretation of a European Union directive – Misuse of tax adjustment possibilities – Criteria relating to the existence of an abuse to avoid tax at source – Abuse to exploit the absence of systems for the exchange of information between States – Application of Directive 2003/46 / EC to payments to an SCA ,Luxembourg SICAR – Direct application of a non-transposed Directive provision – Interpretation in accordance with EU law of national principles for the prevention of abuse

Judges:

Kokott AG

Citations:

C-118/16, [2018] EUECJ C-118/16 – O

Links:

Bailii

Jurisdiction:

European

European

Updated: 06 April 2022; Ref: scu.606034

The Secretary of State for Work and Pensions v Gubeladze: CA 7 Nov 2017

Appeal by the Secretary of State for Work against a decision that the respondent is entitled to state pension credit. The issues in this appeal concern the construction of the Directive governing the rights of Union citizens and the validity of certain domestic regulations applying to Latvian nationals working in the UK.
Held: The appeal failed. Though article 17(1)(a) of Directive 2004/38/EC used the word ‘resided’ without no qualification, articles 16(1) and (2) used the phrase ‘resided legally’. At first sight, therefore, one might think article 17(1)(a) to be referring to something wider than legal residence. However, European Union statutes must be interpreted more widely, allowing for the context and purpose of the Directive.
(1) The Secretary of State succeeded on the construction of the Citizens Directive. The word ‘reside’ in article 17(1)(a) meant ‘legally reside’ which in this context meant residence in the exercise of rights under the Citizens Directive. As a result, the Court of Appeal did not need to rule on a new argument advanced by the respondent for the first time in the Court of Appeal, namely that even if ‘resided’ in article 17(1)(a) of the Citizens Directive means ‘legally resided’, that word has a wider meaning in regulation 5(2)(c) of the 2006 Regulation where it means actual residence, with or without any right to remain. The Court of Appeal was, however, inclined to the view that ‘resided’ in regulation 5(2)(c) of the 2006 Regulations has the same meaning as in the Citizens Directive.
(2) There was no error of law in the Upper Tribunal’s conclusion that the extension of the WRS was disproportionate and therefore incompatible with EU law.

Judges:

Rupert Jackson, Lindblom, Peter Jackson LJJ

Citations:

[2017] EWCA Civ 1751, [2018] 1 WLR 3324, [2017] WLR(D) 798, [2018] 2 All ER 228

Links:

Bailii, WLRD

Statutes:

State Pension Credit Act 2002 1(2)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Secretary of State for Work and Pensions v Gubeladze SC 19-Jun-2019
The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her . .
Lists of cited by and citing cases may be incomplete.

Benefits, European

Updated: 06 April 2022; Ref: scu.599377

Flightright GmbH v Air Nostrum,Lineas Aereas del Mediterraneo SA: ECJ 7 Mar 2018

ECJ Jurisdiction In Civil and Commercial Matters – Judgment – Reference for a preliminary ruling – Area of Freedom, Security and Justice – Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Article 5(1) – Regulation (EU) No 1215/2012 – Article 7(1) – Concept of ‘matters relating to a contract’ – Contract for the provision of services – Connecting flight operated by different air carriers – Concept of ‘place of performance’ – Regulation (EC) No 261/2004 – Right of air passengers to compensation for denied boarding and for the long delay of a flight – Action for compensation brought against an operating air carrier not domiciled in the territory of a Member State or with which the passengers do not have contractual relations

Citations:

ECLI:EU:C:2018:160, [2018] EUECJ C-274/16, [2018] WLR(D) 150

Links:

Bailii, WLRD

Jurisdiction:

European

European

Updated: 05 April 2022; Ref: scu.606008

Segro KfT v Vas Megyei Kormanyhivatal Sarvari Jarasi Foldhivatala: ECJ 6 Mar 2018

ECJ (Free Movement of Capital – Judgment) References for a preliminary ruling – Article 63 TFEU – Free movement of capital – Rights of usufruct over agricultural land – National legislation permitting such rights to be acquired in the future only by close family members of the owner of the land and cancelling, without providing for compensation, the rights previously acquired by legal persons or by natural persons who cannot demonstrate a close family tie with the owner of the land

Citations:

ECLI:EU:C:2018:157, [2018] EUECJ C-52/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 05 April 2022; Ref: scu.606026

Poland v Commission T-402/15: ECFI 1 Mar 2018

Economic, Social and Territorial Cohesion – Judgment – ERDF – Refusal to confirm a financial contribution to a major project – Article 41 (1) of Regulation (EC) No 1083/2006 – Assessment of the contribution of a major project to the achievement of the objectives of the operational program – Article 41 (2) of Regulation (EC) No 1083/2006 – Exceeding the deadline

Citations:

ECLI:EU:T:2018:107, [2018] EUECJ T-402/15

Links:

Bailii

Jurisdiction:

European

European

Updated: 05 April 2022; Ref: scu.606020

Mahnkopf and Mahnkopf: ECJ 1 Mar 2018

Area of Freedom, Security and Justice – Judgment Reference for a preliminary ruling – Area of freedom, security and justice – Regulation (EU) No 650/2012 – Succession and European Certificate of Succession – Scope – Ability to include the surviving spouse’s share in the European Certificate of Succession

Citations:

ECLI:EU:C:2018:138, [2018] EUECJ C-558/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 05 April 2022; Ref: scu.606013

Poland v Commission T-316/15: ECFI 1 Mar 2018

Economic, Social and Territorial Cohesion – Judgment – ERDF – Refusal to confirm a financial contribution to a major project – Article 40 (1) (g) of Regulation (EC) No 1083/2006 – Justification for public participation – Article 41 (2) of Regulation No 1083 / 2006 – Exceeding the deadline

Citations:

ECLI: EU: T: 2018: 106, [2018] EUECJ T-316/15

Links:

Bailii

Jurisdiction:

European

European

Updated: 05 April 2022; Ref: scu.606019

Commission v FIH Holding A/S and FIH Erhversbank A/S: ECJ 6 Mar 2018

(State Aid – Financial Crisis – Successive Bank Bail Outs – Judgment) Appeal – State aid – Definition of ‘aid’ – Definition of ‘economic advantage’ – Market economy operator principle – Conditions governing applicability and application – Financial crisis – Successive bank bail outs – Whether account to be taken, in the assessment of the second bail out, of the risks arising from commitments entered into by a Member State in the first bail out

Citations:

ECLI:EU:C:2018:159, [2018] EUECJ C-579/16P

Links:

Bailii

Jurisdiction:

European

European

Updated: 05 April 2022; Ref: scu.605997

Diallo v Etat belge: ECJ 7 Mar 2018

(Citizenship of The Union – Rights of Citizens of The Union To Move and Reside Freely – Opinion) Reference for a preliminary ruling – Rights of citizens of the Union to move and reside freely within the territory of a Member State – Application for a residence card as a family member – Directive 2004/38/EC – Article 10(1) – Six-month period – Adoption and notification of the decision – Consequences of non-compliance with the period – Interruption and suspension of the period

Citations:

ECLI:EU:C:2018:171, [2018] EUECJ C-246/17 – O

Links:

Bailii

Jurisdiction:

European

European

Updated: 05 April 2022; Ref: scu.605999

DW v Valsts socialas apdrosinasanas agentura: ECJ 7 Mar 2018

(Judgment) Reference for a preliminary ruling – Social security – Maternity benefit – Calculation of the amount on the basis of the income of the insured person during a reference period of 12 months – Person employed, during that period, by an EU institution – National legislation fixing the amount at issue at 70% of the average contribution basis – Restriction on freedom of movement for workers – Principle of sincere cooperation

Citations:

ECLI:EU:C:2018:162, [2018] EUECJ C-651/16

Links:

Bailii

Jurisdiction:

European

Benefits

Updated: 05 April 2022; Ref: scu.606003

CMVRO v Autoritatea Nationala Sanitara Veterinara si pentru Siguranta Alimentelor: ECJ 1 Mar 2018

(Freedom of Establishment – Judgment) Reference for a preliminary ruling – Directive 2006/123/EC – Services in the internal market – National legislation limiting the right to retail, use and administer veterinary medicinal, anti-parasitic and organic products to veterinary practitioners – Freedom of establishment – Requirement that the share capital of establishments retailing veterinary medicinal products be held only by veterinary practitioners – Protection of public health – Proportionality

Citations:

ECLI:EU:C:2018:141, [2018] EUECJ C-297/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 05 April 2022; Ref: scu.605996