Tag: European

Stody Estate Ltd v Secretary of State for Environment, Food and Rural Affairs: Admn 6 Mar 2018

The claimant farming company appealed against reduction of its claim for payment under the single farm scheme after an employee had been convicted of an offence under the 1981 Act.
Held: The claim succeeded. The ability to reduce the payment arose only where the act of non-compliance was ‘directly attributable’ to the person applying for the payment.

Judges:

May DBE J

Citations:

[2018] EWHC 378 (Admin), [2018] WLR(D) 148

Links:

Bailii, WLRD

Statutes:

Wildlife Conservation Act 1981 1

Jurisdiction:

England and Wales

Agriculture, European

Updated: 05 April 2022; Ref: scu.605889

X v Staatssecretaris Van Financien: ECJ 21 Dec 2011

Opinion – Freedom to provide services – Obligation on the resident recipient of a service to withhold tax at source from remuneration if the service provider is resident in another Member State – Discrimination – Restriction – Grounds of justification – Effective collection and recovery of tax – Directive 76/308

Judges:

Kokott AG

Citations:

[2011] EUECJ C-498/10

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – X v Staatssecretaris Van Financien ECJ 18-Oct-2012
Freedom to provide services – Restrictions – Fiscal legislation – Obligation on the recipient of a service, established in the national territory, to withhold at source the wages tax on the remuneration due to a service provider established in . .
Lists of cited by and citing cases may be incomplete.

Taxes Management, European

Updated: 05 April 2022; Ref: scu.605771

The LCD Appeals: CA 16 Feb 2018

The court ws asked,in four appeals, as to the territorial scope of Article 101 of the Treaty on the Functioning of the European Union (‘Article 101’) and/or of Article 53 of the Agreement on the European Economic Area (‘Article 53’ and the ‘EEA’ respectively).

Judges:

Longmore, Henderson, Asplin DBE LJJ

Citations:

[2018] EWCA Civ 220

Links:

Bailii

Jurisdiction:

England and Wales

European, Commercial

Updated: 05 April 2022; Ref: scu.605185

Greece v Commission – T-506/15: ECFI 1 Feb 2018

(Judgment) EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by Greece – Flat-rate financial corrections – Area aid scheme – Concept of permanent pasture – Conditions for imposition of a flat-rate correction of 25% – Communication provided for in Article 11 (1) of Regulation (EC) No 885/2006 – Article 31 (2) of Regulation (EC) No 1122/2009 – Conditionality – Control of regulatory management requirements – Control of good agricultural conditions and remedies – Duty to state reasons – Deduction of a correction annulled by a judgment of the General Court

Citations:

ECLI: EU: T: 2018: 53, [2018] EUECJ T-506/15

Links:

Bailii

Jurisdiction:

European

European

Updated: 04 April 2022; Ref: scu.604723

France v Commission – T-518/15: ECFI 1 Feb 2018

(Judgment) EAGF and EAFRD – Expenditure excluded from financing – French Rural Development Program – Support measures for rural development – Areas of natural handicaps – Fixed financial correction – Expenditure made by France – On-the-spot checks – Loading criteria – Counting animals – Increase of the flat-rate correction rate due to the recurrence of the breach – Procedural safeguards

Citations:

ECLI:EU:T:2018:54, [2018] EUECJ T-518/15

Links:

Bailii

Jurisdiction:

European

European

Updated: 04 April 2022; Ref: scu.604722

Larko Geniki Metalleftiki kai Metallourgiki AE v Commission: ECFI 1 Feb 2018

Judgment – Action for annulment – State aid – Sale of certain assets operated by or owned by an undertaking as part of a privatization program – Lack of economic continuity – Recourse by the recipient of the aid – Lack of interest in bringing proceedings – Inadmissibility

Citations:

ECLI:EU:T:2018:55, [2018] EUECJ T-412/14

Links:

Bailii

Jurisdiction:

European

European

Updated: 04 April 2022; Ref: scu.604727

Larko v Commission: ECFI 1 Feb 2018

Judgment – State aid – Aid granted by Greece – Decision declaring the aid incompatible with the internal market – Concept of State aid – Advantage – Criterion of the private investor – Amount of aid to be recovered – Communication from the Commission on State aid in the form of guarantees

Citations:

ECLI:EU:T:2018:57, [2018] EUECJ T-423/14

Links:

Bailii

Jurisdiction:

European

European

Updated: 04 April 2022; Ref: scu.604728

Edeka-Handelsgesellschaft Hessenring v Commission: ECFI 5 Feb 2018

Provisions Governing The Institutions – Judgment – Access to documents – Regulation (EC) No 1049/2001 – Table of contents of the Commission file relating to a proceeding under Article 101 TFEU – Refusal of access – Obligation to state reasons – Obligation to inform remedies – Exception relating to the protection of the objectives of investigative activities – General presumption of confidentiality

Citations:

ECLI:EU:T:2018:63, [2016] EUECJ T-611/15

Links:

Bailii

Jurisdiction:

European

European

Updated: 04 April 2022; Ref: scu.604720

European Dynamics Luxembourg and Others v ECHA: ECFI 1 Feb 2018

Public Supply Contracts – Tender Procedure : Judgment – Public supply contracts – Tender procedure – Provisions of information technology (IT) services for the applications of the ECHA – Rejection of an offer by a tenderer – Award criteria – Obligation to state reasons – Manifest errors of assessment – Non-contractual liability

Citations:

ECLI:EU:T:2018:52, [2018] EUECJ T-477/15

Links:

Bailii

Jurisdiction:

European

European

Updated: 04 April 2022; Ref: scu.604721

Secretary of State for The Home Department v Watson MP and Others: CA 30 Jan 2018

Consideration of case after reference to ECJ.Held: it is appropriate to grant declaratory relief, limited to the context of the prevention, investigation, detection and prosecution of criminal offences, to the effect that DRIPA was inconsistent with EU law to the extent that it permitted access to retained data, where the objective pursued by that access was not restricted solely to fighting serious crime, or where access was not subject to prior review by a court or an independent administrative authority.

Judges:

SirGeoffrey Vos Ch, Patten, Lloyd Jones LJJ

Citations:

[2018] EWCA Civ 70

Links:

Bailii

Statutes:

Data Retention and Investigatory Powers Act 2014

Jurisdiction:

England and Wales

Citing:

Reference – Secretary of State for The Home Department v Davis MP and Others CA 20-Nov-2015
The Secretary of State appealed against a ruling that section 1 of the 2014 Act was inconsistent wih European law.
Held: The following questions were referred to the CJEU:
(1) Did the CJEU in Digital Rights Ireland intend to lay down . .
Cited – Digital Rights Ireland v The Minister for Communications, Marine and Natural Resources etc ECJ 8-Apr-2014
ECJ Grand Chamber – Electronic communications – Directive 2006/24/EC – Publicly available electronic communications services or public communications networks services – Retention of data generated or processed . .
At ECJ – Tele2 Sverige v Post-och telestyrelsen,
and Secretary of State for the Home Department ECJ 21-Dec-2016
ECJ Judgment – Reference for a preliminary ruling – Electronic communications – Processing of personal data – Confidentiality of electronic communications – Protection – Directive 2002/58/EC – Articles 5, 6 and 9 . .
Lists of cited by and citing cases may be incomplete.

Information, European

Updated: 04 April 2022; Ref: scu.604151

Aher-Waggon v Bundesrepublik Deutschland: ECJ 14 Jul 1998

ECJ (Judgment) Measures having equivalent effect – Directives on noise emissions from aircraft – Stricter domestic limits – Barrier to the importation of an aircraft – Environmental protection

Citations:

C-389/96, [1998] EUECJ C-389/96

Links:

Bailii

Jurisdiction:

European

Transport, Environment

Updated: 04 April 2022; Ref: scu.161998

Goldman Sachs International v Novo Banco SA: SC 4 Jul 2018

A banking facility was provided under a contract applying English law and jurisdiction. The parties now disputed whether on an assignment the dispute was to be resolved under Portuguese law.
Held: Recognition in the United Kingdom of measures by a foreign Resolution Authority in accordance with its own national legislation implementing the EBRRD. Any pan-European scheme for dealing with the systemic risks of bank failures must depend for its efficacy on the widest possible recognition of a home state’s measures in other jurisdictions where banks in the course of reorganisation may have interests or assets or under whose laws it may have contracted.
Lord Sumption said: ‘I reject the proposition, which was fundamental to both the Judge’s analysis and the appellants’ case, that the effect of the August decision can be recognised without regard to the December decision. On the face of it, the December decision was not an interpretation of the August decision or an amendment of it, retrospective or otherwise. Nor was it a retransfer of a liability previously transferred to Novo Banco. It was a ruling that under the terms of article 145-H(2) of the Banking Law and paragraph (b)(i)(a) of Annexe 2 of the August decision, the Oak liability had never been transferred. But, like the courts below, I do not think that it matters what the correct analysis of the December decision is, provided that it is accepted (as it is) that as a matter of Portuguese law it is conclusive of that point unless and until annulled by a Portuguese administrative court. It follows from the agreed propositions of Portuguese law and from the requirement of article 3.2 of the Reorganisation Directive that an English court must treat the Oak liability as never having been transferred to Novo Banco. It was therefore never party to the jurisdiction clause.’
and, as to the ‘better of the argument test’: ‘What is meant is (i) that the claimant must supply a plausible evidential basis for the application of a relevant jurisdictional gateway; (ii) that if there is an issue of fact about it, or some other reason for doubting whether it applies, the court must take a view on the material available if it can reliably do so; but (iii) the nature of the issue and the limitations of the material available at the interlocutory stage may be such that no reliable assessment can be made, in which case there is a good arguable case for the application of the gateway if there is a plausible (albeit contested) evidential basis for it.’

Judges:

Lord Sumption, Lord Hodge, Lady Black, Lord Lloyd-Jones JJSC, Lord Mance

Citations:

[2018] UKSC 34, [2018] WLR(D) 440, [2018] 2 BCLC 141, [2018] 1 WLR 3683

Links:

Bailii, WLRD, Bailii Summary

Statutes:

Parliament and Council Directive 2001/24/EC, Parliament and Council Directive 2014/59/EU

Jurisdiction:

England and Wales

Citing:

Cited – Estasis Salotti Di Colzani Aimo Et Gianmario Colzani v Ruewa Polstereimaschinen Gmbh ECJ 14-Dec-1976
ECJ The way in which article 17 of the Convention of 27 September 1968 is to be applied must be interpreted in the light of the effect of the conferment of jurisdiction by consent, which is to exclude both the . .
Cited – Four Seasons Holdings Incorporated v Brownlie SC 19-Dec-2017
The claimant and her family were in a car crash while on holiday in Egypt. The claimant’s husband and his daughter died. The holiday had been booked in England and the car excursion booked in advance from England. The hotel operator was incorporated . .
At ComC – Goldman Sachs International v Novo Banco Sa ComC 7-Aug-2015
. .
Appeal from – Guardians of New Zealand Superannuation Fund and Others v Novo Banco, Sa CA 4-Nov-2016
. .
Cited – National Bank of Greece and Athens v Metliss HL 1957
The National Bank of Greece had been created under the law of Greece. By a Greek decree, the bank was dissolved and, by the same decree, amalgamated with another bank into a new banking corporation under the name of ‘National Bank of Greece and . .
Cited – LBI HF v Kepler Capital Markets SA ECJ 24-Oct-2013
ECJ Request for a preliminary ruling – Reorganisation and winding-up of credit institutions – Directive 2001/24/EC – Articles 3, 9 and 32 – National legislative act conferring on reorganisation measures the . .
Cited – Kotnik And Others v Drzavni Zbor Republike Slovenije ECJ 19-Jul-2016
ECJ (Judgment) Reference for a preliminary ruling – Validity and interpretation of the Banking Communication from the Commission – Interpretation of Directives 2001/24/EC and 2012/30/EU – State aid to banks in . .

Cited by:

Cited – Soleymani v Nifty Gateway Llc ComC 24-Mar-2022
Arbitration jurisdiction applications stayed
The claimant sought declaratory relief as to the basis of a purchase after he placed a bid for a blockchain-based non-fungible token (also known as an NFT) associated with an artwork by the artist known as Beeple titled ‘Abundance’. The court was . .
Lists of cited by and citing cases may be incomplete.

Banking, European, Jurisdiction

Updated: 03 April 2022; Ref: scu.619945

Spain v Commission – C-81/16: ECJ 20 Dec 2017

Competition – State Aid Competition – State Aid – Appeal – State aid – Digital television – Aid for the deployment of digital terrestrial television in remote and less urbanised areas – Subsidies granted to operators of digital terrestrial television platforms – Decision declaring the aid incompatible in part with the internal market – Concept of ‘State aid’ – Advantage – Service of general economic interest – Definition – Discretion of the Member States

Citations:

C-81/16, [2017] EUECJ C-81/16P

Links:

Bailii

Jurisdiction:

European

European, Media

Updated: 02 April 2022; Ref: scu.602113

Spain v Council – C-521/15: ECJ 20 Dec 2017

Economic and Monetary Policy Economic and Monetary Policy – Action for annulment – Implementing Decision (EU) 2015/1289 – Imposition of a fine on a Member State in the context of economic and budgetary surveillance of the euro area – Manipulation of statistical data relating to the deficit of the Member State concerned – Jurisdiction – Regulation (EU) No 1173/2011 – Article 8(1) and (3) – Delegated Decision 2012/678/EU – Articles 2(1) and (3) and 14(2) – Regulation (EC) No 479/2009 – Articles 3(1), 8(1), 11 and 11a – Rights of defence – Charter of Fundamental Rights of the European Union – Article 41(1) – Right to good administration – Articles 121, 126 and 136 TFEU – Protocol No 12 on the excessive deficit procedure – Existence of an infringement – Misrepresentations – Determination of the fine – Principle that penal provisions may not have retroactive effect

Citations:

[2017] EUECJ C-521/15

Links:

Bailii

Jurisdiction:

European

European, Human Rights

Updated: 02 April 2022; Ref: scu.602114

Schlomp v Landratsamt Schwabisch Hall: ECJ 20 Dec 2017

Area of Freedom, Security and Justice – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Lugano II Convention – Lis pendens – Concept of court – Arbitration authority under Swiss law, responsible for the conciliation procedure prior to all substantive proceedings

Citations:

ECLI:EU:C:2017:993, [2017] EUECJ C-467/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 02 April 2022; Ref: scu.602109

Prequ Italia Srl v Agenzia delle Dogane e dei Monopoli: ECJ 20 Dec 2017

Free Movement of Goods – Customs Union – Reference for a preliminary ruling – Principle of protection of the rights of the defence – Right to be heard – Regulation (EEC) No 2913/92 – Community Customs Code – Article 244 – Recovery of a customs debt – Lack of prior hearing of the addressee before the adoption of an amended tax assessment – Right of the addressee to obtain suspension of the implementation of the amended tax assessment – Lack of automatic suspension in the event of the bringing of administrative proceedings – Reference to the conditions provided for in Article 244 of the Customs Code

Citations:

ECLI:EU:C:2017:1010, [2017] EUECJ C-276/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 02 April 2022; Ref: scu.602105

Sahyouni v Mamisch: ECJ 20 Dec 2017

Area of Freedom, Security and Justice – Judicial Cooperation In Civil Matters – Reference for a preliminary ruling – Area of freedom, security and justice – Regulation (EU) No 1259/2010 – Enhanced cooperation in the area of the law applicable to divorce and legal separation – Recognition of a private divorce obtained before a religious court in a third country – Scope of that regulation

Citations:

ECLI:EU:C:2017:988,, [2017] EUECJ C-372/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 02 April 2022; Ref: scu.602108

Chudas v DA Deutsche Allgemeine Versicherung Aktiengesellschaft: ECJ 14 Dec 2017

Judicial Cooperation In Civil Matters – European Enforcement Order : Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 805/2004 – Scope – European Enforcement Order for uncontested claims – Enforcement orders capable of being certified as European Enforcement Orders – Decision on the amount of costs related to the court proceedings in a judgment not concerning an uncontested claim – Excluded

Citations:

C-66/17, [2017] EUECJ C-66/17

Links:

Bailii

Statutes:

Regulation (EC) No 805/2004

Jurisdiction:

European

European

Updated: 02 April 2022; Ref: scu.602072

Global Starnet v Ministero dell’Economia e delle Finanze: ECJ 20 Dec 2017

Freedom of Establishment – Freedom To Provide Services Free Movement of Capital – Reference for a preliminary ruling – Freedom to provide services, freedom of establishment, free movement of capital and freedom to conduct a business – Restrictions – Award of new licences for the online operation of gaming – Principles of legal certainty and protection of legitimate expectations – Judgment of the Constitutional Court – Whether or not the national court is obliged to refer a question to the Court of Justice for a preliminary ruling

Citations:

ECLI:EU:C:2017:985, [2017] EUECJ C-322/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 02 April 2022; Ref: scu.602091

Geoclimadesign v EUIPO – Geo (Geo): ECFI 14 Dec 2017

(Judgment) European Union mark – Annulment proceedings – European Union word mark GEO – Absolute grounds for refusal – Distinctiveness – Lack of descriptive character – Article 7 (1) (b) and (c) of the Regulation ( EC) No 207/2009 [now Article 7 (1) (b) and (c) of Regulation (EU) No 2017/1001) – Article 52 (1) (a) of Regulation No 207/2009 Article 59 (1) (a) of Regulation No 2017/1001)

Citations:

T-280/16, [2017] EUECJ T-280/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 02 April 2022; Ref: scu.602090

Deister Holding v Bundeszentralamt fur Steuern: ECJ 20 Dec 2017

Freedom of Establishment – Taxation – Approximation of Laws – References for a preliminary ruling – Direct taxation – Freedom of establishment – Directive 90/435/EEC – Article 1(2) – Article 5 – Parent company – Holding company – Withholding tax on profits distributed to a non-resident parent holding company – Exemption – Fraud, tax evasion and abuse – Presumption

Citations:

ECLI:EU:C:2017:1009, [2017] EUECJ C-504/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 02 April 2022; Ref: scu.602080

Falbert and Others: ECJ 20 Dec 2017

Approximation of Laws – References for a preliminary ruling – Information procedure in the field of technical rules and regulations – National legislation clarifying or introducing a prohibition on unauthorised offering of gaming, lotteries and betting and introducing a prohibition on unauthorised offering of advertising for gaming, lotteries and betting

Citations:

C-255/16, [2017] EUECJ C-255/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 02 April 2022; Ref: scu.602088

Lopez Pastuzano v Delegacion del Gobierno en Navarra: ECJ 7 Dec 2017

Area of Freedom, Security and Justice : Judgment – Reference for a preliminary ruling – Status of third-country nationals who are long-term residents – Directive 2003/109/EC – Article 12 – Adoption of a decision to expel a long-term resident – Matters to be taken into consideration – National legislation – Failure to take those matters into consideration – Whether compatible

Citations:

ECLI:EU:C:2017:949, [2017] EUECJ C-636/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 02 April 2022; Ref: scu.601077