Tag: European

Commission v Italy (Appeal – State Aid – Italian Republic To Milk Producers : Judgment): ECJ 25 Oct 2017

Appeal – State aid – Aid granted by the Italian Republic to milk producers – Aid scheme linked to the reimbursement of the milk levy – Conditional decision – Decision adopted by the Council of the European Union pursuant to the third subparagraph of Article 108(2) TFEU – Regulation (EC) No 659/1999 – Article 1(b) and (c) – Existing aid – New aid – Definitions – Alteration to existing aid in breach of a condition ensuring compatibility of the aid with the internal market

Citations:

ECLI:EU:C:2017:799, C-467/15, [2017] EUECJ C-467/15

Links:

Bailii

Jurisdiction:

European

European, Agriculture

Updated: 01 April 2022; Ref: scu.598850

Kamki v The Secretary of State for The Home Department: CA 31 Oct 2017

Immigration case concerning the proposed deportation of the appellant, who has a right of permanent residence in the UK.

Judges:

Sals, Newey LJJ

Citations:

[2017] EWCA Civ 1715

Links:

Bailii

Statutes:

Immigration (European Economic Area) Regulations 2006

Jurisdiction:

England and Wales

European, Immigration

Updated: 01 April 2022; Ref: scu.598465

Gahan v Emirates: CA 12 Oct 2017

The court was asked whether the right to compensation against a non-Community carrier is available at all under Regulation 261, if the flight is to a destination outside the EU, and whether the right to compensation can take account of delay on a connecting flight starting or ending outside the EU.

Judges:

Arden Lewison, McCombe LJJ

Citations:

[2017] EWCA Civ 1530

Links:

Bailii

Statutes:

Regulation (EC) No 261/2004 261

Jurisdiction:

England and Wales

European, Transport, Consumer

Updated: 30 March 2022; Ref: scu.596088

Puskar v Financne riaditelstvo Slovenskej republiky: ECJ 27 Sep 2017

(Judgment) Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 47 – Directive 95/46 / EC – Articles 1, 7 and 13 – Processing of personal data – Article 4 (3) Establishment of a list of personal data – Purpose – Collection of tax – Fight against tax evasion – Judicial review – Protection of fundamental rights and freedoms – Subordination of a judicial remedy to a requirement of prior administrative complaint – Admissibility of that list as evidence – Conditions for the lawfulness of processing personal data – Performance of a task of public interest of the controller

Citations:

ECLI:EU:C:2017:725, [2017] EUECJ C-73/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 30 March 2022; Ref: scu.595440

Sheepworld v Euipo (Beste Freundin) T-421/16: ECFI 15 Sep 2017

Intellectual, Industrial and Commercial Property : Trade Marks : Judgment – ‘European trade mark – European trademark application Bale Oma – Absolute ground for refusal – Lack of distinctive character – Article 7 (1) (b) of Regulation (EC) No 207/2009

Citations:

ECLI:EU:T:2017:615, [2017] EUECJ T-421/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 30 March 2022; Ref: scu.595409

Skareby v EEAS: ECFI 15 Sep 2017

Staff Regulations of Officials and Conditions of Employment of Other Servants : Judgment – Civil service – Officials – Freedom of expression – Duty of loyalty – Serious prejudice to the legitimate interests of the Union – Refusal of permission to publish an article – Request that the text be amended – Article 17a of the Staff Regulations – Subject matter of the action – Decision rejecting the administrative complaint

Citations:

T-585/16, [2017] EUECJ T-585/16, ECLI:EU:T:2017:613

Links:

Bailii

Jurisdiction:

European

European

Updated: 30 March 2022; Ref: scu.595415

Lidl Stiftung v EUIPO – Primark Holdings (Love To Lounge): ECFI 15 Sep 2017

Intellectual, Industrial and Commercial Property – Trade Marks : Judgment – EU trade mark – Invalidity proceedings – EU word mark LOVE TO LOUNGE – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 – Descriptiveness – Article 7(1)(c) of Regulation No 207/2009 – Obligation to state reasons – Article 75 of Regulation No 207/2009 – Examination of the facts by EUIPO of its own motion – Article 76 of Regulation No 207/2009

Citations:

ECLI:EU:T:2017:607, [2017] EUECJ T-305/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 30 March 2022; Ref: scu.595403

TME v Commission: ECJ 7 May 2013

(Order) Appeal – Public service contracts – Call for tenders in relation to the rehabilitation of the Bucharest wastewater treatment plant, jointly financed by the ISPA structural funds – Allegedly unlawful decision of the Romanian authorities to reject the tender submitted by the appellant – Refusal of the Commission to open an infringement or financial adjustment procedure against Romania
Judicial proceedings – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute – Brief summary of the pleas in law on which the application is based – Unambiguous wording of the form of order sought by the applicant (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(c) and (d)) (see paras 32, 33)

Citations:

C-418/12, [2013] EUECJ C-418/12P, ECLI:EU:C:2013:285

Links:

Bailii

Jurisdiction:

European

European

Updated: 30 March 2022; Ref: scu.595012

Asda Stores Ltd v Brierley and Others (Equal Pay Act): EAT 31 Aug 2017

EQUAL PAY ACT – Article 141/European law
EQUAL PAY ACT – Equal value
EQUAL PAY ACT – Other establishments
1. Although the point is not acte clair, the better view is that article 157 of the Treaty on the Functioning of the European Union is directly effective in a claim founded on equal pay for work of equal value. The Appeal Tribunal declines to make a reference to the Court of Justice of the European Union seeking a determination of this (or any) point.
2. Where there is a ‘single source’ of pay and conditions for both claimant and comparator, a comparison between them is permitted independently of whether unequal treatment arises from legislation or collective agreements and whether or not the employment is in the same establishment or service.
3. Where no comparator works at the establishment where the claimant is employed, comparison is permitted applying the North hypothetical test. The better view is that the North hypothetical test remains good law and has survived the replacement of section 1(6) of the Equal Pay Act 1970 by section 79 of the Equality Act 2010.
4. The Employment Judge did not err in law in deciding that the law is as stated above. He did not misapply the law. Nor were any of his findings of fact perverse. He reached conclusions that were open to him on the facts. There is no basis for interfering with his decision that the Claimants can compare themselves with their chosen comparators.

Judges:

Kerr J

Citations:

[2017] UKEAT 0011 – 17 – 3108

Links:

Bailii

Statutes:

Equality Act 2010

Jurisdiction:

England and Wales

Employment, European, Discrimination

Updated: 30 March 2022; Ref: scu.595003

Ajayi v Abu and Another (Labour Exploitation : Human Trafficking : Modern Slavery): QBD 31 Jul 2017

labour exploitation – human trafficking – modern slavery – domestic servitude – minimum wage – domestic worker – employee rights -Immigration and Nationality Directorate – terms and conditions – wage deductions – special hearing arrangements – civil procedure – National Minimum Wage Act 1998 – family worker exemption – UK Visa – ECHR Art. 6 – Directive on Preventing and Combating Trafficking in Human Beings and Protecting its Victims 2011

Judges:

McCloud LJ

Citations:

[2017] EWHC 1946 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Human Rights, European, Employment, Immigration

Updated: 28 March 2022; Ref: scu.592017

Commission v Germany – C-480/06: ECJ 9 Jun 2009

Failure by a Member State to fulfil its obligations – Admissibility – Legal interest in bringing proceedings – Directive 92/50/EEC – Procedures for the award of public service contracts – Negotiated procedure without prior publication of a contract notice – Conditions

Citations:

[2009] EUECJ C-480/06

Links:

Bailii

Statutes:

Directive 92/50/EEC

Jurisdiction:

European

Citing:

Opinion – Commission v Germany – C-480/06 ECJ 19-Feb-2009
ECJ (Law Relating To Undertakings) – Opinion – Public service contracts Scope of Directive 92/50/EEC Procedure for the award of public service contracts Technical reasons . .

Cited by:

Cited – Brent London Borough Council and Others v Risk Management Partners Ltd SC 9-Feb-2011
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. . .
Lists of cited by and citing cases may be incomplete.

Administrative, Commercial, European

Updated: 28 March 2022; Ref: scu.592012

Toridas UAB v Latvia: ECJ 26 Jul 2017

ECJ Judgment – Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112 / EC – Article 138 (1) – Qualification of a transaction as an intra-Community supply – Exemption for intra-Community supplies of goods – Purchaser to resell the goods purchased from a taxable person in another Member State before they leave the territory of the first Member State – Possible impact of the conversion of part of the goods before their shipment

Citations:

C-386/16, [2017] EUECJ C-386/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 28 March 2022; Ref: scu.591345