Tag: European

Engin Ayaz v Land Baden-Wurttemberg (External Relations): ECJ 30 Sep 2004

ECJ EEC-Turkey Association – Freedom of movement for workers – First paragraph of Article 7 of Decision No 1/80 of the Association Council – Personal scope – Concept of ‘member of the family’ of a Turkish worker duly registered as belonging to the labour force of a Member State – Stepson of such a worker

Citations:

C-275/02, [2004] EUECJ C-275/02

Links:

Bailii

Jurisdiction:

European

European

Updated: 16 September 2022; Ref: scu.214648

Commission v Austria C-359/03 (Social Policy): ECJ 30 Sep 2004

ECJ Failure to fulfill obligations – Directive 90/270 / EEC – Protection of workers – Work with display screen equipment – Minimum safety and health requirements – Failure to transpose

Citations:

[2004] EUECJ C-359/03

Links:

Bailii

Statutes:

Directive 90/270/EEC

Jurisdiction:

European

European, Health and Safety

Updated: 16 September 2022; Ref: scu.214650

Briheche v Ministre de l’Interieur, Ministre de l’Education nationale and Ministre de la Justice (Social Policy): ECJ 30 Sep 2004

ECJ Social policy – Equal treatment for men and women – Article 141, paragraph 4 EC – Directive 76/207 / EEC – Conditions of access to public employment – Provisions reserving to widows who have not remarried the benefit of the exemption from limits age for access to such jobs

Citations:

C-319/03, [2004] EUECJ C-319/03

Links:

Bailii

Statutes:

Directive 76/207/EEC

Jurisdiction:

European

Discrimination

Updated: 16 September 2022; Ref: scu.214649

Alexandrou v Commission: ECFI 12 Nov 2015

ECJ Judgment – Appeal – Civil service – Recruitment – Notice of competition EPSO / AD / 231/12 -Not admission to participate in the assessment tests – Obligation to state reasons – Access to documents – Refusal of access to multiple choice questions posed in the admission tests – Secret of jury work – Regulation (EC) No 1049/2001 – Findings of Competency of Public Service – Article 270 TFEU – Meaning of act adversely affecting – Article 90 paragraph 2 of the Statute

Citations:

T-515/14, [2015] EUECJ T-515/14, ECLI:EU:T:2015:844

Links:

Bailii

Jurisdiction:

European

European

Updated: 15 September 2022; Ref: scu.554847

FMC v Commission (Competition): ECFI 16 Jun 2011

ECFI Competition – Agreements, decisions and concerted practices – Hydrogen peroxide and sodium perborate – Decision finding an infringement of Article 81 EC – Imputability of the infringement – Rights of the defence – Obligation to state the reasons on which the decision is based.

Citations:

T-197/06, [2011] EUECJ T-197/06

Links:

Bailii

European

Updated: 15 September 2022; Ref: scu.441181

FMC Foret v Commission (Competition): ECFI 16 Jun 2011

ECFI Competition – Agreements, decisions and concerted practices – Hydrogen peroxide and sodium perborate – Decision finding an infringement of Article 81 EC – Duration of the infringement – Presumption of innocence – Rights of the defence – Fines – Attenuating circumstances.

Citations:

T-191/06, [2011] EUECJ T-191/06

Links:

Bailii

European

Updated: 15 September 2022; Ref: scu.441180

FV v Council (Judgment): ECJ 28 Jun 2016

Civil service – Notation – Appraisal report – Interest in bringing proceedings – Deterioration of analytical assessments – Referral to the Reports Committee – Amendment by the second reporting officer of certain assessments not affecting the overall rating – Manifest error of assessment – Obligation to motivation – Duty of care

Citations:

F-40/15, [2016] EUECJ F-40/15

Links:

Bailii

Jurisdiction:

European

Employment

Updated: 13 September 2022; Ref: scu.566456

Telefonica v Commission (Judgment) French Text: ECFI 28 Jun 2016

Competition – Agreements, decisions and concerted practices – Portuguese and Spanish telecommunications markets – Non-compete clause in the Iberian market included in the contract for Telefonica’s acquisition of Portugal Telecom’s stake in Brazilian mobile operator Vivo – Legal safeguard ‘to the extent permitted by law’ – Offense by Purpose – Ancillary Restriction – Autonomy of Applicant’s Conduct – Potential Competition – Effect Infraction – Calculation of Fine – Request for Hearing of Witnesses

Citations:

T-216/13, [2016] EUECJ T-216/13, ECLI: EU: T: 2016: 369

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 13 September 2022; Ref: scu.566471

Space Beach Club v OHMIi – Flores Gomez (Sps Space Of Sound): ECFI 24 May 2011

ECFI Community trade mark – Opposition proceedings – Application for Community figurative SPS Space of Sound – Earlier national figurative marks and community space ibiza, space DANCE BARCELONA, MADRID space DANCE, DANCE VALENCIA space, space MALLORCA DANCE, DANCE EIVISSA space, space SPACE IBIZA WORLD, DANCE space and earlier national word mark VIVA SPACE – Relative ground for refusal – No likelihood of confusion – Absence of similarity of the signs – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009.

Citations:

T-144/10, [2011] EUECJ T-144/10

Links:

Bailii

European, Intellectual Property

Updated: 13 September 2022; Ref: scu.440423

Salesforce.Com v EUIPO (Socialcom) (Judgment): ECFI 28 Jun 2016

European Union trade mark – Application for European Union word mark SOCIAL.COM – Absolute grounds for refusal – Descriptive character – Lack of distinctive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009

Citations:

T-134/15, [2016] EUECJ T-134/15, ECLI:EU:T:2016:366

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 12 September 2022; Ref: scu.566468

Portugal Telecom v Commission (Judgment) French Text : ECFI 28 Jun 2016

Competition – Agreements, decisions and concerted practices – Portuguese and Spanish telecommunications markets – Non-compete clause in the Iberian market included in the contract for Telefonica’s acquisition of Portugal Telecom’s stake in Brazilian mobile operator Vivo – Legal safeguard ‘to the extent permitted by law’ – Duty to state reasons – Infringement by purpose – Ancillary restriction – Potential competition – Effect infringement – Calculation of the amount of the fine – Request for the hearing of witnesses

Citations:

T-208/13, [2016] EUECJ T-208/13

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 12 September 2022; Ref: scu.566466

AF Steelcase v Euipo (Judgment) French Text: ECFI 28 Jun 2016

Public service contracts – Invitation to tender procedure – Supply and installation of furniture and fittings in EUIPO’s buildings – Rejection of a tenderer’s tender – Action for annulment – Award decision – Failure to direct effect – Inadmissibility – Obligation to state reasons – Principle of good administration – Proportionality – Exclusion regime for tenders – Non-contractual liability – Material damage – Non-pecuniary damage

Citations:

T-652/14, [2016] EUECJ T-652/14

Links:

Bailii

Jurisdiction:

European

European

Updated: 12 September 2022; Ref: scu.566444

Peri v EUIPO (Forme D’Un Verrou De Coffrage) (Judgment) French Text: ECFI 28 Jun 2016

Trademark of the European Union – Three-dimensional application for a European Union mark – Form of a formwork latch – Absolute ground for refusal – Sign consisting exclusively of the shape of the product necessary to obtain a technical result – Article 7 (1) (e) (ii) of Regulation (EC) No 207/2009

Citations:

T-656/14, [2016] EUECJ T-656/14

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 12 September 2022; Ref: scu.566465

Lorenzet v EASA (Judgment) French Text: ECJ 28 Jun 2016

Civil service – Temporary staff – Article 2 (f) of the Conditions of Employment – Contract for an indefinite period – Leave without pay – Leave for personal reasons – Refusal to extend a leave without pay for an additional year – Article 52 of the Conditions of Employment

Citations:

F-144/15, [2016] EUECJ F-144/15, ECLI: EU: F: 2016: 139

Links:

Bailii

Jurisdiction:

European

Employment

Updated: 12 September 2022; Ref: scu.566462

Bermejo Garde v EESC (Judgment): ECJ 28 Jun 2016

Civil service – Referral back to the Tribunal after setting aside – Article 12a of the Staff Regulations – Official who has been the victim of harassment – Article 22a of the Staff Regulations – Official, whistleblower – Request for assistance – Rejection – Right to protection – Conditions – Rejection – Consequences – Application for compensation

Citations:

F-41/10, [2016] EUECJ F-41/10, ECLI:EU:F:2016:137

Links:

Bailii

Jurisdiction:

European

European

Updated: 12 September 2022; Ref: scu.566447

Region Nord-Pas-De-Calais v Commission (State Aid): ECFI 12 May 2011

ECFI State aid – Manufacture of railway – Advances payable – Decision declaring the aid incompatible with the common market and ordering its recovery – Adaptation of the conclusions – Human Defense – Duty to state reasons – State Resources – Accountability to the State – Private investor test – Company in difficulty.

Citations:

T-267/08, [2011] EUECJ T-267/08

Links:

Bailii

Jurisdiction:

European

European

Updated: 12 September 2022; Ref: scu.439764

Missir Mamachi Di Lusignano v Commission (Staff Regulations): ECJ 12 May 2011

ECJ Public service – Officials – Action for damages – Rule of correlation between demands, claims and remedies in damages – Adversarial process – use a legal document confidential, classified ‘Restricted’ EU – Non-contractual liability of the institutions – fault liability – Causal link – Multiple causes of injury – Manufactured by a third – Strict liability – Duty to assist – Requirement for an institution to protect its staff – Assassination of a civil servant and his by third wife – Loss of chance of survival.

Citations:

50/09, [2011] EUECJ 50/09

Links:

Bailii

Jurisdiction:

European

European

Updated: 12 September 2022; Ref: scu.439759

Impacto Azul Lda v BPSA 9 – Promocao e Desenvolvimento De Investimentos Imobiliarios Sa: ECJ 20 Jun 2013

ECJ Freedom of establishment – Restrictions – Joint and several liability of parent companies vis-a-vis the creditors of their subsidiaries – Exclusion of parent companies having their seat in another Member State – No restriction

Citations:

C-186/12, [2013] EUECJ C-186/12

Links:

Bailii

Jurisdiction:

European

Company

Updated: 10 September 2022; Ref: scu.511007

Proas v Commission: ECJ 9 Jun 2016

(Judgment) Appeal – Agreements, decisions and concerted practices – Article 81 EC – Spanish market for penetration bitumen – Market sharing and price coordination – Excessive duration of the proceedings before the General Court of the European Union – Excessive duration of the procedure before the European Commission – Appeal on the cost

Citations:

ECLI:EU:C:2016:415, [2016] EUECJ C-616/13

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 08 September 2022; Ref: scu.565630

Nutrivet DOOEL v Orszagos Kornyezetvedelmi es Termeszetvedelmi Fofelugyeloseg: ECJ 9 Jun 2016

ECJ (Judgment) References for a preliminary ruling – Environment – Waste – Transfers – Regulation (EC) No 1013/2006 – Article 2(35)(g)(iii) – Illegal shipment – Incorrect or inconsistent information entered in the document listed in Annex VII to that regulation – Article 50(1) – Penalties applicable in the event of infringement of the provisions of that regulation – Proportionality

Citations:

ECLI:EU:C:2016:425, [2016] EUECJ C-69/15

Links:

Bailii

Statutes:

Regulation (EC) No 1013/2006

Jurisdiction:

European

Environment

Updated: 08 September 2022; Ref: scu.565625

MIS v Hauptzollamt Munchen: ECJ 9 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Regulation (EEC) No 2658/87 – Common Customs Tariff – Tariff classification – Subheading 6211 3310 00 0 – Aprons – Anti-radiation protective coats

Citations:

ECLI:EU:C:2016:424, [2016] EUECJ C-288/15

Links:

Bailii

Statutes:

Regulation (EEC) No 2658/87

Jurisdiction:

European

Customs and Excise

Updated: 08 September 2022; Ref: scu.565622

Pesce And Others v Presidenza del Consiglio dei Ministri and others: ECJ 9 Jun 2016

ECJ (Judgment) Preliminary reference – Protection of plant health – Directive 2000/29 / EC – Protection against the introduction and spread in the EU of organisms harmful to plants or plant products – Implementing Decision (EU) 2015/789 – measures to prevent the introduction and spread in the Xylella fastidiosa Union (Wells and Raju) – Article 6, paragraph 2 a) – Obligation to carry out the immediate removal of host plants, whatever their health status, in a 100 meter radius around the infected plant – Validity – Article 16, paragraph 3 of Directive 2000/29 – Principle of proportionality – precautionary principle – Obligation to state reasons – Right to compensation

Citations:

ECLI:EU:C:2016:428, C-78/16, [2016] EUECJ C-78/16

Links:

Bailii

Statutes:

Directive 2000/29 / EC

Jurisdiction:

European

Environment

Updated: 08 September 2022; Ref: scu.565628

Italy v Commission T-122/14: ECFI 9 Jun 2016

ECJ (Judgment) Failure to comply with a judgment of the Court of Justice finding that a Member State has failed to fulfil its obligations – Periodic penalty payment – Judgment quantifying the amount of the periodic penalty payment – Method of calculating the interest applicable to the recovery of unlawful aid – Compound interest

Citations:

ECLI:EU:T:2016:342, [2016] EUECJ T-122/14

Links:

Bailii

Jurisdiction:

European

European

Updated: 08 September 2022; Ref: scu.565614

Marquis Energy v Council: ECFI 9 Jun 2016

ECJ (Judgment) Dumping – Imports of bioethanol originating in the United States – Definitive anti-dumping duty – Action for annulment – Direct concern – Admissibility – Countrywide anti-dumping duty – Individual treatment – Sampling

Citations:

ECLI:EU:T:2016:343, [2016] EUECJ T-277/13

Links:

Bailii

Jurisdiction:

European

Customs and Excise

Updated: 08 September 2022; Ref: scu.565620

Mediocurso v Commission T-181/96: ECFI 15 Sep 1998

ECFI (Social Policy) European Social Fund – Approval decision – Reduction of financial assistance – Prior hearing of beneficiary – Consultation of Member State – Protection of legitimate expectations – Legal certainty – Statement of reasons – Manifest error of assessment.

Citations:

[1998] EUECJ T-181/96

Links:

Bailii

Jurisdiction:

European

European

Updated: 07 September 2022; Ref: scu.433446

Council v Interpipe Niko Tube And Interpipe Ntrp C-191/09: ECJ 14 Apr 2011

ECJ Appeal – Common commercial policy – Dumping – Regulation (EC) No 384/96 – Articles 2(10), 3(2), 18(3) and 19(3) – Comparison of the normal value and the export price – Adjustment – Rights of the defence – Imports of certain seamless tubes and pipes, of iron or steel, originating in Croatia, Romania, Russia and Ukraine – Regulation (EC) No 954/2006 – Cooperation by the European Union industry – Use of confidential information.

Citations:

[2011] EUECJ C-191/09, [2012] EUECJ C-191/09 – P, [2009] EUECJ C-191/09 – P

Links:

Bailii, Bailii, Bailii

Jurisdiction:

European

European

Updated: 07 September 2022; Ref: scu.433386

Clarke And Others v OHIM (Staff Regulations) French Text: ECJ 14 Apr 2011

ECJ Civil Service – Temporary staff – Article 8 of the CEOS – clause terminating the contract if the agent is not registered in the reserve list of competition – competition and general OHIM/AD/02/07 OHIM / AST/02/07 – Act adversely affecting an official – Principle of good faith performance of contracts – Duty of care – Principle of sound administration – Language Requirements – Lack of EPSO – Directive 1999/70/EC – Fixed-term work.

Citations:

82/08, [2011] EUECJ 82/08

Links:

Bailii

Statutes:

Directive 1999/70/EC

European

Updated: 07 September 2022; Ref: scu.433379

Commission v Portugal C-255/09: ECJ 14 Apr 2011

ECJ (Freedom To Provide Services) Article 226 EC – Failure of a Member State – Article 49 EC – Limitation unjustified freedom to provide services – National Social Security – Medical benefits provided in another Member State – Provision of non-hospital care – Reimbursement of medical expenses committed abroad – Requirement of prior authorization – Restrictive conditions for granting such authorization.

Citations:

[2011] EUECJ C-255/09, [2011] EUECJ C-255/09

Links:

Bailii, Bailii

Jurisdiction:

European

European

Updated: 07 September 2022; Ref: scu.433383

Ziebell v Land Baden-Wurttemberg (Anciennement Ornek): ECJ 14 Apr 2011

ECJ (External Relations) Association Agreement EEC-Turkey – Decision No 1 / 80 of the Association Council – Article 7, first paragraph – Turkish national who spent ten years before the expulsion order on the territory of the Member State Home – Criminal convictions – Extending the scope of Article 28, paragraph 3, a) of Directive 2004/38/EC – Distance only for compelling reasons of public safety.

Citations:

C-371/08, [2011] EUECJ C-371/08, [2011] EUECJ C-371/08

Links:

Bailii, Bailii

Jurisdiction:

European

European

Updated: 07 September 2022; Ref: scu.433418

Realchemie Nederland v Bayer Cropscience Ag: ECJ 5 Apr 2011

ECJ (Area Of Freedom, Security And Justice) Jurisdiction and Enforcement – Definition of ‘civil and commercial matters – Recognition and enforcement of a decision imposing a fine calendar – Directive 2004/48/EC – Intellectual property rights – the measures, procedures and remedies in case achievement of such a right – pay the costs in the proceedings for enforcement efforts to recognize and execute decisions to preserve a right of intellectual property.

Citations:

C-406/09, [2011] EUECJ C-406/09

Links:

Bailii

Cited by:

Opinion – Realchemie Nederland v Bayer Cropscience Ag ECJ 18-Oct-2011
ECJ Regulation (EC) No 44/2001 – Jurisdiction and recognition and enforcement of judgments – Definition of ‘civil and commercial matters’ – Recognition and enforcement of an order imposing a fine – Directive . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 06 September 2022; Ref: scu.431963

Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: SC 18 Oct 2017

The court was asked as to the compatibility of provisions in the 1978 Act with the human rights of the appellant. The claimants, Moroccan nationals were employed as domestic staff in embassies in London. They alleged both race discrimination and breach of the 1998 Regulations, saying that the statutory exemption of the Embassies from liability infringed their human rights in Convention and EU law. The Foreign Secretary, on behalf of the embassies now appealed a finding that the provision was an infringement of the workers’ human rights.
Held: The appeals failed.

Judges:

Lord Neuberger, Lady Hale, Lord Clarke, Lord Wilson, Lord Sumption

Citations:

[2017] UKSC 62, [2017] 3 WLR 957, [2017] WLR(D) 691, UKSC 2015/0063

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary video, SC Video * Jun 17 pm, SC Vid 6/6/17 pm, SC Vid 7/6/17 am, SC Vid 7/6/17 pm, SC Vid 8/6/17 am

Statutes:

State Immunity Act 1978, European Union Charter of Fundamental Rights, European Convention on Human Rights, Working Time Regulations 1998

Jurisdiction:

England and Wales

Citing:

At EAT – Benkharbouche v Embassy of The Republic of Sudan (Jurisdictional Points : State Immunity) EAT 4-Oct-2013
EAT STATE IMMUNITY
A cook at the Sudanese embassy, and a member of the domestic staff of the Libyan embassy, both made claims arising out of their employment. They were met with pleas of State Immunity, . .
At CA – Benkharbouche and Another v Embassy of The Republic of Sudan CA 5-Feb-2015
The claimant had been an employee of a foreign diplomatic mission. He said that he was not debarred by the 1978 Act from bringing claims for unfair dismissal and breach of working time regulations, saying that any exemption would infringe his human . .
Cited – Compania Naviera Vascongado v Steamship ‘Cristina’ HL 1938
A state-owned ship that was used for public purposes could not be made the subject of proceedings in rem. Lord Atkin described the absolute immunity of a sovereign of a foreign state within this jurisdiction: ‘The foundation for the application to . .
Cited – The Owners of The Ship Philippine Admiral (Philippine Flag) v Wellem Shipping (Hong Kong) Limited and Another PC 5-Nov-1975
(Hong Kong) Sovereign immunity was denied to state trading ships, restricting the extent of state immunity. . .
Cited – Trendtex Trading Corporation v Central Bank of Nigeria CA 1977
The court considered the developing international jurisdiction over commercial activities of state bodies which might enjoy state immunity, and sought to ascertain whether or not the Central Bank of Nigeria was entitled to immunity from suit.
Cited – Golder v The United Kingdom ECHR 21-Feb-1975
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his . .
Cited – Alcom Ltd v Republic of Colombia HL 1984
A bank account used to cover the day-to-day expenses of an Embassy, clearly served sovereign purposes and therefore was immune from enforcement measures. The Act of 1978 must be read against the background of customary international law current in . .
Cited – Ashingdane v The United Kingdom ECHR 28-May-1985
The right of access to the courts is not absolute but may be subject to limitations. These are permitted by implication since the right of access ‘by its very nature calls for regulation by the State, regulation which may vary in time and place . .
Cited – Markovic and Others v Italy ECHR 14-Dec-2006
The applicants were relatives of persons who had been killed in the NATO air-raid on Belgrade in 1999. The raid was said to be an act of war in violation of international law. It had been launched from bases in Italy. The Corte de Cassazione had . .
Cited – Fayed v United Kingdom ECHR 6-Oct-1994
The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb . .
Cited – Roche v The United Kingdom ECHR 19-Oct-2005
(Grand Chamber) The claimant had been exposed to harmful chemicals whilst in the Army at Porton Down in 1953. He had wished to claim a service pension on the basis of the ensuing personal injury, but had been frustrated by many years of the . .
Cited – McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom ECHR 21-Nov-2001
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint.
Held: . .
Cited – Waite and Kennedy v Germany ECHR 18-Feb-1999
The grant of immunity from the jurisdiction of the national court to an international organisation according to a long-standing practice essential for ensuring the proper functioning of these organisations free from unilateral interference by . .
Cited – Holland v Lampen-Wolfe HL 20-Jul-2000
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state . .
Cited – Holland v Lampen-Wolfe HL 20-Jul-2000
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state . .
Cited – Sabeh El Leil v France ECHR 29-Jun-2011
Grand Chamber – The applicant alleged that he had been deprived of his right of access to a court as a result of the immunity from jurisdiction upheld by the domestic courts.
This was a claim for unfair dismissal, brought before the French . .
Cited – Cudak v Lithuania ECHR 23-Mar-2010
Grand Chamber – The applicant alleged that there had been a violation of her right of access to a court, as guaranteed by Article 6-1 of the Convention.
The applicant was a secretary and switchboard operator employed in the Polish embassy in . .
Cited – Wallishauser v Austria (No 2) ECHR 20-Jun-2013
. .
Cited – Radunovic And Others v Montenegro ECHR 25-Oct-2016
. .
Cited – Case Concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States) ICJ 1986
The prohibition on the use of force in article 2(4) of the United Nations Charter was accepted as jus cogens, a universally recognised principle of international law. . .

Cited by:

Cited – NT 1 and NT 2 v Google Llc QBD 13-Apr-2018
Right to be Forgotten is not absolute
The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims . .
Cited – NT 1 and NT 2 v Google Llc QBD 13-Apr-2018
Right to be Forgotten is not absolute
The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims . .
Lists of cited by and citing cases may be incomplete.

Human Rights, European, Employment, Discrimination

Updated: 04 September 2022; Ref: scu.597258

Aurubis Balgaria AD v Nachalnik na Mitnitsa Stolichna (Customs Union): ECJ 31 Mar 2011

ECJ Customs Code – Customs duties – Customs debt on importation – Interest on arrears – Period for the collection of interest on arrears – Compensatory interest.

Citations:

C-546/09, [2011] EUECJ C-546/09

Links:

Bailii

European, Customs and Excise

Updated: 04 September 2022; Ref: scu.431629

Pegler v Commission: ECFI 24 Mar 2011

ECFI Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Imputability of the infringement – Fines – Deterrent effect.

Citations:

T-386/06, [2011] EUECJ T-386/06, [2011] 2 CMLR 50, [2011] EUECJ C-400/08

Links:

Bailii

European

Updated: 04 September 2022; Ref: scu.431363

Nickel Institute v Secretary of State for Work and Pensions: ECJ 24 Mar 2011

ECJ Environment and protection of human health – Directive 67/548/EEC – Classifications of nickel substances as dangerous substances – Whether Directives 2008/58/EC and 2009/2/EC are valid in so far as they adapt those classifications to technical and scientific progress – Legal basis – Methods of assessing the intrinsic properties of the substances – Obligation to state reasons – Regulation (EC) No 1272/2008 – Whether Regulation (EC) No 790/2009 is valid in so far as it incorporates those classifications.

Citations:

C-14/10, [2011] EUECJ C-14/10

Links:

Bailii

Statutes:

Directive 67/548/EEC, Regulation (EC) No 790/2009, Regulation (EC) No 1272/2008

European

Updated: 04 September 2022; Ref: scu.431362

Viega v Commission: ECFI 24 Mar 2011

ECFI Competition – Cartels – Sector copper fittings and copper alloy – Decision finding an infringement of Article 81 EC – Participation in the infringement – Obligation to state reasons – Fines – Turnover relevant – Extenuating Circumstances.

Citations:

T-375/06, [2011] EUECJ T-375/06

Links:

Bailii

European, Commercial

Updated: 04 September 2022; Ref: scu.431366

Xxxlutz Marken v OHMI – Natura Selection (Linea Natura Natur Hat Immer Stil): ECFI 24 Mar 2011

ECFI Community trade mark – Opposition proceedings – Application for Community figurative Linea Natura Natur hat immer Stil – Earlier Community figurative mark natura selection – Relative ground for refusal – Likelihood of confusion – Similarity of signs – Article 8, paragraph 1, b) of Regulation (EC) No 40/94 [now Article 8, paragraph 1 b) of Regulation (EC) No 207/2009]

Citations:

T-54/09, [2011] EUECJ T-54/09

Links:

Bailii

European, Intellectual Property

Updated: 04 September 2022; Ref: scu.431367

IMI And Others v Commission: ECFI 24 Mar 2011

ECFI Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Fines – Relevant turnover – Leniency Notice – Guidelines on the method of setting fines – Equal treatment.

Citations:

T-378/06, [2011] EUECJ T-378/06

Links:

Bailii

European, Commercial

Updated: 04 September 2022; Ref: scu.431356

Dover v Parliament: ECFI 24 Mar 2011

ECFI (Law Governing The Institutions) Rules governing the payment of expenses and allowances to Members of the European Parliament – Review of the use of allowances – Parliamentary assistance allowance – Justification of expenditure – Recovery of undue payments.

Citations:

T-149/09, [2011] EUECJ T-149/09

Links:

Bailii

European

Updated: 04 September 2022; Ref: scu.431347

Greece v Commission: ECFI 24 Mar 2011

ECFI EAGGF – Guarantee Section – Expenditure excluded from Community financing – Common Market Organization for sugar – Article 8, paragraph 1 of Regulation (EC) No 1663/95 and Article 11, paragraphs 1 and 2, the Regulation (EC) No 885/2006 – Risk of financial loss to the Fund – Principle of proportionality.

Citations:

T-184/09, [2011] EUECJ T-184/09

Links:

Bailii

European, Agriculture

Updated: 04 September 2022; Ref: scu.431354

Commission v Spain C-375/10: ECJ 24 Mar 2011

ECJ (Law Relating To Undertakings) Failure to fulfill obligations – Directive 2007/36/EC – Exercise of certain rights of shareholders in listed companies – Failure to transpose within the prescribed period.

Citations:

[2011] 2 CMLR 50, [2011] ECR I-1915, [2011] EUECJ C-375/10

Links:

Bailii

Statutes:

Directive 2007/36/EC

European

Updated: 04 September 2022; Ref: scu.431343

Etimine SA v Secretary of State for Work and Pensions: ECJ 24 Mar 2011

ECJ Environment and protection of human health – Directive 67/548/EEC – Directive 2008/58/EC – Regulation (EC) No 1272/2008 – Regulation (EC) No 790/2009 – Adaptation to technical and scientific progress – Classification of borate substances as toxic to reproduction – Compliance with procedural rules – Legal basis – Rules governing consultation of the Committee for Adaptation to Technical Progress – Review of manifest error of assessment – Methods adopted for the purpose of evaluating the intrinsic properties of the substances at issue – Obligation to state reasons – Compliance with the principle of proportionality.

Citations:

C-15/10, [2011] EUECJ C-15/10

Links:

Bailii

Statutes:

Directive 67/548/EEC, Directive 2008/58/EC, Regulation (EC) No 1272/2008, Regulation (EC) No 790/2009

European

Updated: 04 September 2022; Ref: scu.431350

Ferrero v OHIM: ECJ 24 Mar 2011

ECJ Appeal – Community trade mark – Regulation (EC) No 40/94 – Community figurative mark TiMi KiNDERJOGHURT – Earlier word mark KINDER – Invalidity proceedings – Article 52(1)(a) – Article 8(1)(b) and (5) – Assessment of the similarity of the signs – Family of marks.

Citations:

C-552/09, [2011] EUECJ C-552/09

Links:

Bailii

European, Intellectual Property

Updated: 04 September 2022; Ref: scu.431351

Aalberts Industries and Others v Commission: ECFI 24 Mar 2011

ECFI Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Single and continuous infringement – Participation in the infringement.

Citations:

T-385/06, [2011] EUECJ T-385/06

Links:

Bailii

European

Updated: 04 September 2022; Ref: scu.431337

Fra.Bo v Commission: ECFI 24 Mar 2011

ECFI Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Fines – Leniency Notice – Guidelines on the method of setting fines – Attenuating circumstances – Immunity from fines – Legitimate expectations – Equal treatment.

Citations:

T-381/06, [2011] EUECJ T-381/06

Links:

Bailii

European, Commercial

Updated: 04 September 2022; Ref: scu.431352

ISD Polska And Others (ECSC): ECJ 24 Mar 2011

ECJ Appeals – State aid – Commission decision – Finding that aid is incompatible with the common market – Order for recovery of aid – Principles of legal certainty and non-retroactivity – Principle of the protection of legitimate expectations – Determination of the ‘appropriateness’ of the interest rate applicable to the recovery of aid.

Citations:

C-369/09, [2011] EUECJ C-369/09

Links:

Bailii

European

Updated: 04 September 2022; Ref: scu.431358

IBP And International Building Products France v Commission: ECFI 24 Mar 2011

ECFI Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Duration of participation in the infringement – Fines – Aggravating circumstances.

Citations:

T-384/06, [2011] EUECJ T-384/06

Links:

Bailii

European, Commercial

Updated: 04 September 2022; Ref: scu.431355

Freistaat Sachsen And Land Sachsen-Anhalt v Commission: ECFI 24 Mar 2011

ECFI State aid – Aid to the airport Leipzig-Halle – Investment financing for the construction of the new runway – Decision declaring the aid compatible with the common market – Action for annulment – No legal interest to act – Inadmissibility – Concept of undertaking – Concept of economic activity – Airport Infrastructure.

Citations:

T-443/08, [2011] EUECJ T-443/08

Links:

Bailii

European

Updated: 04 September 2022; Ref: scu.431353

Comap v Commission: ECFI 24 Mar 2011

ECFI Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Duration of participation in the infringement – Fines – Determination of the starting amount of the fine – Proportionality.

Citations:

T-377/06, [2011] EUECJ T-377/06

Links:

Bailii

European, Commercial

Updated: 04 September 2022; Ref: scu.431340

Commission v Belgium C-435/09: ECJ 24 Mar 2011

ECJ (Environment And Consumers) Failure to fulfill obligations – Directive 85/337/EEC – Assessment of the effects of certain public and private projects on the environment – Selection Criteria – Determination of Thresholds – Size of the project.

Citations:

[2011] EUECJ C-435/09

Links:

Bailii

Statutes:

Directive 85/337/EEC

European

Updated: 04 September 2022; Ref: scu.431341

Checkmobile v OHIM (Carcheck): ECFI 24 Mar 2011

ECFI Community trade mark – Application for Community word mark carcheck – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1, sub c) of Regulation (EC) No 207/2009.

Citations:

T-14/10, [2011] EUECJ T-14/10

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 04 September 2022; Ref: scu.431339

Bog (Taxation) C-501/09: ECJ 10 Mar 2011

ECJ Taxation – VAT – Sixth Directive 77/388/EEC – Articles 5 and 6 – Classification of a commercial activity as a ‘supply of goods’ or a ‘supply of services’ – Supply of food or meals for immediate consumption from snack stalls or mobile snack bars – Supply in a cinema of popcorn and tortilla chips (nachos) for immediate consumption – Party catering service – Annex H, category 1 – Interpretation of the term ‘foodstuffs’.

Citations:

[2011] EUECJ C-501/09

Links:

Bailii

European, VAT

Updated: 04 September 2022; Ref: scu.430699

Agencja Wydawnicza Technopol v OHIM: ECJ 10 Mar 2011

ECJ Appeal – Community trade mark – Sign composed exclusively of numerals – Application for registration of the sign ‘1000’ as a mark in respect of brochures, periodicals and newspapers – Allegedly descriptive character of that sign – Criteria for the application of Article 7(1)(c) of Regulation (EC) No 40/94 – Obligation on OHIM to take into account its previous decision-making practice.

Citations:

C-51/10, [2011] EUECJ C-51/10

Links:

Bailii

European, Intellectual Property

Updated: 04 September 2022; Ref: scu.430693

Finanzamt Burgdorf v Manfred Bog (Taxation) C-497/09: ECJ 10 Mar 2011

ECJ Taxation – VAT – Sixth Directive 77/388/EEC – Articles 5 and 6 – Classification of a commercial activity as a ‘supply of goods’ or a ‘supply of services’ – Supply of food or meals for immediate consumption from snack stalls or mobile snack bars – Supply in a cinema of popcorn and tortilla chips (nachos) for immediate consumption – Party catering service – Annex H, category 1 – Interpretation of the term ‘foodstuffs’.

Judges:

K. Lenaerts, P

Citations:

[2011] EUECJ C-497/09, [2011] STC 1221, [2011] STI 745

Links:

Bailii

Statutes:

Sixth Directive 77/388/EEC 5 6

European, VAT

Updated: 04 September 2022; Ref: scu.430697

Bog (Taxation) C-502/09: ECJ 10 Mar 2011

ECJ Taxation – VAT – Sixth Directive 77/388/EEC – Articles 5 and 6 – Classification of a commercial activity as a ‘supply of goods’ or a ‘supply of services’ – Supply of food or meals for immediate consumption from snack stalls or mobile snack bars – Supply in a cinema of popcorn and tortilla chips (nachos) for immediate consumption – Party catering service – Annex H, category 1 – Interpretation of the term ‘foodstuffs’.

Citations:

C-502/09, [2011] EUECJ C-502/09

Links:

Bailii

European, VAT

Updated: 04 September 2022; Ref: scu.430700

Finanzamt Burgdorf v Manfred Bog C-499/09: ECJ 10 Mar 2011

ECJ Taxation – VAT – Sixth Directive 77/388/EEC – Articles 5 and 6 – Classification of a commercial activity as a ‘supply of goods’ or a ‘supply of services’ – Supply of food or meals for immediate consumption from snack stalls or mobile snack bars – Supply in a cinema of popcorn and tortilla chips (nachos) for immediate consumption – Party catering service – Annex H, category 1 – Interpretation of the term ‘foodstuffs’.

Citations:

[2011] EUECJ C-499/09

Links:

Bailii

European, VAT

Updated: 04 September 2022; Ref: scu.430698

Areva and Others v Commission T-117/07: ECFI 3 Mar 2011

ECFI Competition – Agreements, decisions and concerted practices – Market in gas insulated switchgear projects – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Rights of the defence – Duty to state the reasons on which the decision is based – Whether answerable for the infringement – Duration of the infringement – Fines – Joint and several liability for payment of a fine – Aggravating circumstances – Role of leader – Mitigating circumstances – Cooperation.

Citations:

[2011] EUECJ T-117/07

Links:

Bailii

Jurisdiction:

European

European

Updated: 03 September 2022; Ref: scu.430326

Marishipping And Transport v Marishipping and Transport BV (Customs Union): ECJ 17 Feb 2011

ECJ Reference for a preliminary ruling – Regulation (EEC) No 2658/87 – Common Customs Tariff – Customs duties – Relief – Pharmaceutical substances – Composition – Restrictions.

Citations:

C-11/10, [2011] EUECJ C-11/10

Links:

Bailii

Statutes:

Regulation (EEC) No 2658/87

European, Customs and Excise

Updated: 03 September 2022; Ref: scu.430214

Samba Diouf v Minister of Labour, Employment and Immigration: ECJ 1 Mar 2011

ECJ (Area of Freedom, Security and Justice) Request by a citizen of a country seeking refugee status – Rejection of this request, as part of a national process accelerated in the absence of reasons justifying the granting of international protection – No appeal against the decision to submit the request for an expedited procedure – Right to effective judicial review.

Citations:

C-69/10, [2011] EUECJ C-69/10

Links:

Bailii

Cited by:

Opinion – Samba Diouf v Minister of Labour, Employment and Immigration ECJ 28-Jul-2011
ECJ Directive 2005/85/EC – Minimum standards on procedures in Member States for granting and withdrawing refugee status – ‘Decision taken on [the] application for asylum’ within the meaning of Article 39 of . .
Lists of cited by and citing cases may be incomplete.

European, Immigration

Updated: 03 September 2022; Ref: scu.430223

Sita UK Ltd v Greater Manchester Waste Disposal Authority: CA 24 Feb 2011

The claimant said that the defendant, in awarding a contract for the disposal of waste, had infringed the regulations constituting public procurement law.

Judges:

Arden, Rimer, Elias LJJ

Citations:

[2011] EWCA Civ 156

Links:

Bailii

Statutes:

Directive 89/665

Jurisdiction:

England and Wales

Local Government, European

Updated: 03 September 2022; Ref: scu.430048

Commission v Luxembourg C-490/09: ECJ 27 Jan 2011

ECJ (Freedom To Provide Services) Failure to fulfill obligations – Article 49 EC – Freedom to provide services – Non-reimbursement of costs related to analysis and laboratory testing in Member States other than the Grand Duchy of Luxembourg – National legislation not providing for their management charge as a reimbursement of costs advanced for such examinations and tests – National legislation making the management of health care benefits to compliance with requirements of this regulation.

Citations:

[2011] EUECJ C-490/09

Links:

Bailii

Jurisdiction:

European

European

Updated: 01 September 2022; Ref: scu.428406

Cadbury Schweppes Overseas Ltd v Commissioners of Inland Revenue: ECJ 2 May 2006

ECJ Opinion – Freedom of movement of persons – Freedom of establishment – Law on controlled foreign companies – Attribution to the parent company of the profits of its subsidiary established in another Member State as those profits arise – Obstacle – Justification – Counteraction of tax avoidance.

Judges:

Leger AG

Citations:

[2006] STC 1908, [2006] EUECJ C-196/04, [2006] EUECJ C-196/04O

Links:

Bailii, Bailii

Jurisdiction:

European

Cited by:

Cited – Revenue and Customs v Pendragon Plc and Others SC 10-Jun-2015
‘This appeal is about an elaborate scheme designed and marketed by KPMG relating to demonstrator cars used by retail distributors for test drives and other internal purposes. In the ordinary course, a car distributor will buy new cars for use as . .
Lists of cited by and citing cases may be incomplete.

Taxes Management

Updated: 01 September 2022; Ref: scu.241418

Runevic-Vardyn And Wardyn: ECJ 16 Dec 2010

ECJ Citizenship of the Union – Principle of non-discrimination on grounds of nationality – Freedom of movement and residence – Articles 12 EC and 18 EC – Principle of equal treatment between persons irrespective of racial or ethnic origin Ethnic – Directive 2000/43 – Legislation of a Member State imposing the transcript of the first names and surnames of people with exclusive use of the characters in the official language of that state in acts of civil status drawn up by him – Transcript of first names and names of persons from another Member State.

Citations:

C-391/09, [2010] EUECJ C-391/09, [2011] EUECJ C-391/09

Links:

Bailii, Bailii

Jurisdiction:

European

European

Updated: 31 August 2022; Ref: scu.427723

Poland v Commission T-69/08: ECFI 9 Dec 2010

ECFI Approximation of laws – Directive 2001/18/EC – National provisions derogating from a harmonisation measure – Commission decision rejecting those provisions – Not notified within the six-month period laid down in the first subparagraph of Article 95(6) EC.

Citations:

[2010] EUECJ T-69/08

Links:

Bailii

Jurisdiction:

European

European

Updated: 31 August 2022; Ref: scu.427334

L’Oreal SA, Lancome parfums et beaute and Cie, Laboratoire Garnier and Cie, L’Oreal (UK) Limited v eBay International AG, eBay Europe SARL, eBay (UK) Limited: ECJ 9 Dec 2010

ECJ Opinion – Information society – Search engine – Keyword advertising – Operator of electronic marketplace – Keywords corresponding to trade marks – Directive 89/104/EEC (‘Trade Mark directive’) – Articles 5 and 7 – Regulation (EC) No 40/94 (‘Community Trade mark regulation’) – Articles 9 and 13 – Liability of an operator of electronic marketplace for the information it hosts – Directive 2000/31/EC (‘Directive on electronic commerce’) – Article 14 – Member States’ duty to ensure that rightholders are in a position to apply for injunctions against intermediary providers of services used by third parties to infringe those rights – Directive 2004/48/EC (‘Directive on the enforcement of intellectual property rights’) – Article 11 – Freedom of expression – Freedom of Commerce – Directive 76/768 (‘Cosmetics directive’).

Judges:

Jaaskinen AG

Citations:

C-324/09, [2010] EUECJ C-324/09 – O

Links:

Bailii

Statutes:

Directive 89/104/EEC, Regulation (EC) No 40/94, Directive 2000/31/EC, Directive 2004/48/EC, Directive 76/768

Jurisdiction:

European

Cited by:

Opinion – L’Oreal SA, Lancome parfums et beaute and Cie, Laboratoire Garnier and Cie, L’Oreal (UK) Limited v eBay International AG, eBay Europe SARL, eBay (UK) Limited ECJ 12-Jul-2011
ECJ Grand Chamber – Trade marks – Internet – Offer for sale, on an online marketplace targeted at consumers in the European Union, of trade-marked goods intended, by the proprietor, for sale in third States – . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 31 August 2022; Ref: scu.427328

United States of America v Nolan: CA 24 Nov 2010

Judges:

Laws, Hooper, Rimer LJJ

Citations:

[2010] EWCA Civ 1416

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At EAT – United States of America v Nolan EAT 15-May-2009
EAT REDUNDANCY: Collective consultation and information / Protective award
An Employment Tribunal held that the USA was in breach of Section 188 of the Trade Union and Labour Relations (Consolidation) Act . .
See Also – United States of America v Nolan CA 9-Nov-2010
The claimant had sought a protective award under the 1992. She had been a civilian employee at a base operated by the appellant which it closed. She sought to sue as an employee representative, saying that the appellant had failed to consult its . .
At ECJ – United States of America v Nolan ECJ 18-Oct-2012
Reference for a preliminary ruling – Directive 98/59/EC – Protection of workers – Collective redundancies – Scope – Closure of an American military base – Information and consultation of workers – Time at which the consultation obligation arises – . .

Cited by:

At CA – The United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
Lists of cited by and citing cases may be incomplete.

Employment, European, Litigation Practice

Updated: 29 August 2022; Ref: scu.427206

Tilianu, Regina (on The Application of) v Secretary of State for Work and Pensions: CA 8 Dec 2010

The court was asked ‘whether an EU citizen who is no longer a self-employed person retains the status of worker or self-employed person in the circumstances described in sub-paragraphs (b) and (c) of article 7(3) [of Directive 2004/38] by virtue of his previous employment as a self-employed person.’

Judges:

Sedley, Moore-Bick, Elias LLJ

Citations:

[2010] EWCA Civ 1397, [2011] PTSR 781, [2011] Eu LR 397, [2011] 2 CMLR 12

Links:

Bailii

Jurisdiction:

England and Wales

Benefits, European

Updated: 28 August 2022; Ref: scu.426906

The Prudential Assurance Company Ltd and Others v Revenue and Customs: ChD 5 Nov 2010

The company challenged the respondents rules for taxation of foreign dividends, saying that the rules contravened European Law in the fundamental freedoms of establishment and movement of capital.

Judges:

Henderson J

Citations:

[2010] EWHC 2811 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

European, Company

Updated: 26 August 2022; Ref: scu.425785

Trioplast Wittenheim v Commission (Competition): ECFI 13 Sep 2010

ECFI Competition – Cartels – industrial plastic bags – Decision finding an infringement of Article 81 EC – Duration of the infringement – Fines – Gravity of the infringement – Attenuating circumstances – Cooperation during the administrative procedure – Proportionality.

Citations:

T-26/06, [2010] EUECJ T-26/06

Links:

Bailii

European, Commercial

Updated: 24 August 2022; Ref: scu.424197

Commission v France (Freedom To Provide Services): ECJ 15 Jul 2010

ECJ Freedom to provide services – Unjustified restrictions – Requirement of prior authorisation in France as a condition for reimbursement for non-hospital medical services in another Member State involving major medical equipment – No legislation granting insured patients additional reimbursement covering the excess of the amount the insured patient is entitled to receive according to the reimbursement formula used in the Member State of affiliation, over the amount which would have been payable according to the formula used in the Member State where treatment is provided.

Citations:

C-512/08, [2010] EUECJ C-512/08, [2010] EUECJ C-512/08 – O

Links:

Bailii, Bailii

European

Updated: 22 August 2022; Ref: scu.421305

Exalation v OHIM (Vektor-Lycopin): ECFI 9 Jul 2010

ECJ Community trade mark – Application for Community word mark Vektor-Lycopin – Absolute grounds for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009).

Citations:

T-85/08, [2010] EUECJ T-85/08

Links:

Bailii

European, Intellectual Property

Updated: 22 August 2022; Ref: scu.421308

Weiner v Weiner: FD 15 Jul 2010

The parties, both Swedish nationals had been habitually resident in England for fifteen years. They had properties in both countries. They disputed the proper forum to resolve their divorce.
Held: Referring to the Regulation, Holman J said: ‘The Article does not say that a court is seised when the document has been lodged and the applicant has effected (or taken a required step to effect) service. It says that the court is seised when the document is lodged, subject to the proviso (which may only be assessed from some later perspective of hindsight) that there has not been a subsequent failure to take the required steps.’

Judges:

Holman J

Citations:

[2010] EWHC 1843 (Fam)

Links:

Bailii

Statutes:

Council Regulation (EC) No. 2201/2003 of 27 November, 2003

Jurisdiction:

England and Wales

Cited by:

Cited – Thum v Thum FC 21-Oct-2016
No abuse of process in service error
The husband claimed that the W was guilty of abuse of process by issuing the divorce petion, but then not serving it for many months in an attempt to gain a tactical jurisdictional advantage under Brussels II.
Held: H’s application was . .
Lists of cited by and citing cases may be incomplete.

Family, European

Updated: 21 August 2022; Ref: scu.421093

Hemming (T/A Simply Pleasure) and Others, Regina (on The Application of) v Westminster City Council: SC 19 Jul 2017

The claimant challenged fees which were charged to the respondents on applying to Westminster City Council for sex shop licences for the three years ended 31 January 2011, 2012 and 2013 and which included the council’s costs of enforcing the licensing scheme against unlicensed third parties running sex shops (‘enforcement costs’). The respondents’ applications all in the event succeeded, and I can call them ‘the licence holders’.
Held: During the year at issue, the fault as only in requiring a contribution to the costs of running the scheme at the time of the application for the licence. A similar fee at the time of the grant of a licence was not invalid. The balance as remitted to the Administrative court.
‘The scheme which the council operated was only defective in so far as it required payment up front at the time of the application. Its invalidity was limited. Contrary to the respondents’ case, European law permits a fee to cover the costs of running and enforcing the licensing scheme becoming due upon the grant of a licence. There is no imperative under European law, as incorporated domestically by the 2009 Regulations, to treat the whole scheme as invalid, rather than to invalidate it to the extent of the inconsistency’

Judges:

Lord Neuberger, President, Lord Mance, Lord Clarke, Lord Reed, Lord Toulson

Citations:

[2017] UKSC 50, [2017] WLR(D) 553, [2018] AC 676, [2017] 3 WLR 342, [2017] PTSR 1020, UKSC 2013/0146

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary, SC, SC Summary, SC Summary Video, SC 20170511 am Video

Statutes:

Local Government (Miscellaneous Provisions) Act 1982, Provision of Services Regulations 2009 (SI 2009/2999)

Jurisdiction:

England and Wales

Citing:

At CA – Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v The Lord Mayor and Citizens of Westminster CA 24-May-2013
The claimant had submitted an application for a licence to operate a sex shop. On its failure it sought repayment of that part of the fee which related to the costs of supervising the system, rather than the costs of dealing with the application. It . .
At SC (1) – Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v Westminster City Council SC 29-Apr-2015
The parties disputed the returnability of the fees paid on application for a sex establishment licence where the licence was refused. The fee was in part one for the application, and a second and greater element related to the costs of monitoring . .
At ECJ – Hemming and Others v Westminster City Council and Others ECJ 16-Nov-2016
Charges for processing application for licence
ECJ Judgment – Reference for a preliminary ruling – Freedom to provide services – Directive 2006/123/EC – Article 13(2) – Authorisation procedures – Concept of charges which may be incurred . .
Cited – Lady and Kid A/S, Direct Nyt ApS, A/S Harald Nyborg Isenkram-og Sportsforretning, KID-Holding A/S v Skatteministeriet ECJ 6-Sep-2011
Refusal to reimburse a tax paid in error – Unjust enrichment arising from the link between the introduction of that tax and the abolition of other taxes . .
Cited – Director of Public Prosecutions v Hutchinson; Director of Public Prosecutions v Smith HL 12-Jul-1990
Protesters objected that byelaws which had been made to prevent access to common land, namely Greenham Common were invalid.
Held: The byelaws did prejudice the rights of common. The House was concerned to clarify the test applicable when . .
Cited – Lady and Kid A/S, Direct Nyt ApS, A/S Harald Nyborg Isenkram-og Sportsforretning, KID-Holding A/S v Skatteministeriet ECJ 7-Dec-2010
ECJ (Opinion) Taxes do not conform to National Union law – Repayment – Refusal – Repercussion – Unjust enrichment – Compensation for illegal tax by the simultaneous removal of other statutory charges – Internal . .
Lists of cited by and citing cases may be incomplete.

Licensing, European, Local Government

Updated: 19 August 2022; Ref: scu.590446

Mulvaney and Others v The Sporting Exchange Ltd trading as Betfair: 18 Mar 2009

(High Court of Ireland) The defendant ran a betting website which included a forum. The claimant said that the forum had published postings defamatory of him.

Judges:

Clarke J

Citations:

[2009] IEHC 133

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Bunt v Tilley and others QBD 10-Mar-2006
The claimant sought damages in defamation in respect of statements made on internet bulletin boards. He pursued the operators of the bulletin boards, and the court now considered the liability of the Internet Service Providers whose systems had . .
Lists of cited by and citing cases may be incomplete.

Defamation, European

Updated: 19 August 2022; Ref: scu.416816