ECJ (Judgment) EU trade mark – Opposition proceedings – Application for EU word mark CITRUS SATURDAY – Earlier national word mark CITRUS – Late submission of documents – Discretion conferred by Article 76(2) of Regulation (EC) No 207/2009 – Rule 19 and Rule 20(1) of Regulation (EC) No 2868/95)
ECLI:EU:T:2016:569, [2016] EUECJ T-539/15
Bailii
European
European, Intellectual Property
Updated: 23 January 2022; Ref: scu.569639
ECJ (Judgment) EU trade mark – Opposition proceedings – Application for EU word mark CITRUS SATURDAY – Earlier national word mark CITRUS – Late submission of documents – Discretion conferred by Article 76(2) of Regulation (EC) No 207/2009 – Rule 19 and Rule 20(1) of Regulation (EC) No 2868/95
ECLI:EU:T:2016:569, [2016] EUECJ T-400/15
Bailii
European
European
Updated: 23 January 2022; Ref: scu.569640
ECJ (Judgment) EU trade mark – Opposition proceedings – Application for the EU word mark luvoworld – Earlier EU work mark luvo – Relative ground for refusal – Likelihood of confusion – Similarity of the goods and services – Article 8(1)(b) of Regulation (EC) No 207/2009
T-450/15, [2016] EUECJ T-450/15, ECLI:EU:T:2016:543
Bailii
Regulation (EC) No 207/2009 8(1)(b)
European
European, Intellectual Property
Updated: 23 January 2022; Ref: scu.569642
ECJ (Judgment) Reference for a preliminary ruling – Regional legislation requiring the distribution, through the systems located in the region concerned, of electricity produced from renewable energy sources to be free of charge – Different treatment depending on the origin of the green electricity – Articles 28 EC and 30 EC – Free movement of goods – Directive 2001/77/EC – Articles 3 and 4 – National support mechanisms for the production of green energy – Directive 2003/54/EC – Articles 3 and 20 – Directive 96/92/EC – Articles 3 and 16 – Internal market in electricity – Access to distribution systems on non-discriminatory tariff conditions – Public service obligations – Lack of proportionality
C-492/14, [2016] EUECJ C-492/14
Bailii
European
European, Utilities
Updated: 23 January 2022; Ref: scu.569632
ECJ (Judgment) Non-contractual liability – Directive 93/42 / EEC – Harmonized Plan for the safety and protection of the health of patients, users and third parties for the use of medical devices – Article 8 – Notification of a decision prohibiting the placing on the market – No position taken by the Commission – Article 18 – undue CE Marking – Damage – sufficiently serious breach of a rule of law conferring rights on individuals – causation
ECLI:EU:T:2016:570, [2016] EUECJ T-309/10
Bailii
European
European, Personal Injury, Health Professions
Updated: 23 January 2022; Ref: scu.569635
ECJ (Judgment) EU trade mark – Opposition proceedings – Application for the EU word mark MERLIN’S KINDERWELT – Earlier national word mark KINDER – Relative ground for refusal – No similarity between the signs – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009
ECLI:EU:T:2016:518, [2016] EUECJ T-565/15
Bailii
European
European, Intellectual Property
Updated: 23 January 2022; Ref: scu.569506
ECJ State aid – Maritime cabotage sector – Service of general economic interest – Private investor in a market economy test – Social policy of the Member States – Restructuring aid – Effects of a judgment annulling a decision
ECLI:EU:T:2012:415, [2012] EUECJ T-565/08
Bailii
European
Updated: 23 January 2022; Ref: scu.569425
ECJ Competition – Agreements, decisions and concerted practices – Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom – Decision finding an infringement of Article 81 EC – Price-fixing and market-sharing – Imputability of the unlawful conduct – Fines – Ceiling of 10% of turnover – Relevant turnover – Rights of the defence – Obligation to state reasons – Proportionality – 2006 Guidelines on the method of setting fines – Ability to pay
ECLI:EU:T:2012:674, [2012] EUECJ T-392/09
Bailii
European
Updated: 23 January 2022; Ref: scu.569427
ECJ Appeal – Competition – Agreements, decisions and concerted practices – Dutch beer market – Commission decision finding an infringement of Article 81 EC – Fines – Duration of the administrative procedure – Level of the fine
[2012] EUECJ C-445/11, ECLI:EU:C:2012:828
Bailii
European
Commercial
Updated: 23 January 2022; Ref: scu.569428
ECJ Appeals – Regulation (EC) No 726/2004 – Medicinal products for human use – Active substance ‘eszopiclone’ – Marketing authorisation – Procedure – Statement of position by the Commission – Status of ‘new active substance’ – Concept of ‘actionable measure’
ECLI:EU:C:2012:292, [2012] EUECJ C-477/11 – CO, C-477/11
Bailii
European
Updated: 23 January 2022; Ref: scu.569424
ECJ Judgment – Articles 43 EC and 49 EC – Freedom of establishment – Freedom to provide services – Organisation of bets on sporting competitions subject to a public monopoly at Land level – Objective of preventing incitement to squander money on gambling and combating gambling addiction – Proportionality – Restrictive measure to be genuinely aimed at reducing opportunities for gambling and limiting gambling activities in a consistent and systematic manner – Advertising emanating from the holder of the monopoly and encouraging participation in lotteries – Other games of chance capable of being offered by private operators – Expansion of the supply of other games of chance – Licence issued in another Member State – No mutual recognition obligation
[2010] EUECJ C-360/07
Bailii
Citing:
Opinion – Markus Stoss C-360/07 ECJ 4-Mar-2010
ECJ Free Movement of Persons – Freedom to provide services – Gambling – Consistency of national policy regarding games – organization of activity of sports paris subject to authorization – Mutual recognition . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 23 January 2022; Ref: scu.569409
Judgment – Articles 43 EC and 49 EC – Freedom of establishment – Freedom to provide services – Organisation of bets on sporting competitions subject to a public monopoly at Land level – Objective of preventing incitement to squander money on gambling and combating gambling addiction – Proportionality – Restrictive measure to be genuinely aimed at reducing opportunities for gambling and limiting gambling activities in a consistent and systematic manner – Advertising emanating from the holder of the monopoly and encouraging participation in lotteries – Other games of chance capable of being offered by private operators – Expansion of the supply of other games of chance – Licence issued in another Member State – No mutual recognition obligation
[2010] EUECJ C-409/07
Bailii
Citing:
Opinion – Markus Stoss (Free Movement of Persons) C-409/07 ECJ 4-Mar-2010
ECJ Opinion – Freedom to provide services – Gambling – Consistency of national policy regarding games – organization of activity of sports paris subject to authorization – Mutual recognition . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 23 January 2022; Ref: scu.569406
ECJ Articles 43 EC and 49 EC – Freedom of establishment – Freedom to provide services – Organisation of bets on sporting competitions subject to a public monopoly at Land level – Objective of preventing incitement to squander money on gambling and combating gambling addiction – Proportionality – Restrictive measure to be genuinely aimed at reducing opportunities for gambling and limiting gambling activities in a consistent and systematic manner – Advertising emanating from the holder of the monopoly and encouraging participation in lotteries – Other games of chance capable of being offered by private operators – Expansion of the supply of other games of chance – Licence issued in another Member State – No mutual recognition obligation
V. Skouris, P
[2010] EUECJ C-359/07
Bailii
Citing:
Opinion – Markus Stoss (Free Movement of Persons) C-359/07 ECJ 4-Mar-2010
ECJ Opinion – Freedom to provide services – Gambling – Consistency of national policy regarding games – organization of activity of sports paris subject to authorization – Mutual recognition’ . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 23 January 2022; Ref: scu.569407
ECJ (Opinion of the full court) Opinion pursuant to Article 218(11) TFEU – Draft international agreement – Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms – Compatibility of the draft agreement with the EU and FEU Treaties
Held: ‘The agreement on the accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms is not compatible with Article 6(2) TEU or with Protocol (No 8) relating to Article 6(2) of the Treaty on European Union on the accession of the Union to the European Convention on the Protection of Human Rights and Fundamental Freedoms.’
[2014] EUECJ Avis-2/13
Bailii
European Cnvention on Human Rights, TEU 6(2)
Citing:
Advice – Accession Of The European Union To The European Convention For The Protection Of Human Rights And Fundamental Freedoms ECJ 13-Jun-2014
ECJ (View Of Advocate General Kokott) Conclusion of international agreements by the European Union – Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental . .
Lists of cited by and citing cases may be incomplete.
European, Human Rights
Updated: 23 January 2022; Ref: scu.569153
ECJ (Order) Preliminary ruling – Social policy – Directive 1999/70 / EC – Framework agreement ETUC, UNICE and CEEP on fixed-term work – Contracts of successive fixed-term in the public sector – Clause 3, point 1 – Concept of ‘ fixed-term worker ‘- Clause 5, point 1 – measures to prevent abuse of contracts or employment relationships successive fixed-term – Sanctions – Reclassification of fixed-term employment relationship by working on permanent contracts not Standing – the right to compensation
C-86/14, [2014] EUECJ C-86/14 – CO, ECLI:EU:C:2014:2447
Bailii
European, Employment
Updated: 23 January 2022; Ref: scu.569152
ECJ (Order) Action for annulment – Foreign Policy and Security – Restrictive measures against Syria – Freezing of funds – Inclusion of an individual on the lists of persons covered – Personal links with members of the regime – Rights of defense – fair trial – Duty to state reasons – Burden of proof – Right to effective judicial protection – Proportionality – Right to property – Right to privacy – res judicata – Inadmissible – manifest inadmissibility – Action unfounded in law
ECLI:EU:T:2014:1119, [2014] EUECJ T-407/13 – CO
Bailii
European
Updated: 23 January 2022; Ref: scu.569148
(Order) Preliminary ruling – Regulation (EEC) No 3846/87 – Agriculture – Common organization of the markets – Export refunds – Poultry – ‘Hens reforme’- nomenclature of agricultural products for export refunds – Classification
ECLI:EU:C:2014:2444, [2014] EUECJ C-70/14 – CO
Bailii
European
Updated: 23 January 2022; Ref: scu.569147
ECJ (Order) Appeals – State aid – Decision 2010/787/EU – Aid to facilitate the closure of uncompetitive coal mines – Conditions for considering that aid compatible with the internal market – Article 181 of the Rules of Procedure of the Court
ECLI:EU:C:2014:2446, [2014] EUECJ C-99/14 – CO
Bailii
European
Updated: 23 January 2022; Ref: scu.569150
ECJ (Order) Appeal – Community trade mark – Figurative mark containing the word elements’ BOAT FLY ‘- Partial refusal of registration by the examiner – Definition of’ relevant public
ECLI:EU:C:2014:2480, [2014] EUECJ C-368/14 – CO
Bailii
European, Intellectual Property
Updated: 23 January 2022; Ref: scu.569149
RoadPeace challenged certain legislation, as to compulsory insurance for motor vehicles, and for payment of compensation for personal injury and damages caused by uninsured driver, saying that it failed properly to implement European law.
Held: Ouseley J recorded and accepted the view of the Secretary of State for Transport and the Motor Insurers’ Bureau that section 145(3)(a) could not be read down and that there required to be amending legislation.
Ouseley J
[2017] EWHC 2725 (Admin), [2017] WLR(D) 736
Bailii, WLRD
Road Traffic Act 1988 145 151 153(3), Third Parties (Rights Against Insurers) Act 2010 1(4), European Communities (Rights Against Insurers) Regulations 2002, Parliament and Council Directive 2009/103/EC
England and Wales
Cited by:
Cited – R and S Pilling (T/A Phoenix Engineering) v UK Insurance Ltd SC 27-Mar-2019
The driver’s car failed its MOT., He took it to private premises to repair. In those repairs, inflammable materials ignited and the fire spread those premises and adjoining third party premises. The premise’ insurers paid the owners of both and . .
Lists of cited by and citing cases may be incomplete.
European, Personal Injury, Road Traffic, Insurance
Updated: 23 January 2022; Ref: scu.599418
ECJ Reference for a preliminary ruling: Arbeitsgericht Lorrach – Germany. Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red Cross – Definition of ‘road transport’ – Maximum weekly working time – Principle – Direct effect – Derogation – Conditions
A National Court, when applying domestic law and in particular legislative provisions specifically adopted for the purposes of implementing the requirements of a Directive, is bound to interpret national law, as far as possible, in the light of the wording and the purpose of the Directive concerned in order to achieve the result sought by the Directive. It is the responsibility of the National Court to ensure that the rules of Community law are fully effective.
Europa Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red Cross – Definition of – road transport – Maximum weekly working time – Principle – Direct effect – Derogation – Conditions.
C-399/01, [2004] EUECJ C-399/01, C-401/01, [2004] EUECJ C-401/01, [2004] EUECJ C-403/01, C-397/01, C-398/01, C-402/01, C-403/01, C-400/01, [2005] IRLR 137, [2004] ECR 8835, [2005] ICR 1307, [2004] ECR I-8835
Bailii, Bailii, Bailii
Directive 93/104/EC
European
Citing:
Approved – Landeshauptstadt Kiel v Norbert Jaeger ECJ 9-Sep-2003
Concepts of working time and rest period – On Call
ECJ Reference for a preliminary ruling: Landesarbeitsgericht Schleswig-Holstein – Germany. Social policy – Protection of the safety and health of workers – Directive 93/104/EC – Concepts of working time and rest . .
See Also – Pfeiffer etc v Deutsches Rotes Kreuz, Kreisverband Waldshut eV 4 ECJ 5-Oct-2004
ECJ Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red . .
Cited by:
Cited – Greenalls Management Ltd v Customs and Excise HL 12-May-2005
Volumes of vodka were transferred from a secure warehouse to a carrier for export. They were diverted, and not exported and the Customs sought the unpaid duty from the warehouse. The Directive provided that duty was payable on the ‘release for . .
Cited – Attridge Law (A Firm of Solicitors) v Coleman and Law EAT 20-Dec-2006
The claimant asserted associative disability discrimination. She was the carer for her disabled son.
Held: To succeed the claimant would have to show that associative discrimination was prohibited by the directive and that the 1995 Act could . .
Cited – English v Thomas Sanderson Ltd CA 19-Dec-2008
The claimant appealed dismissal of his claim for harrassment and sex discrimination. Though heterosexual, he had been subject to persistent jokes that he was homosexual. The court first asked whether the alleged conduct was ‘on the grounds of sexual . .
Cited – British Airways Plc v Williams and Others SC 24-Mar-2010
The court was asked as to the calculation of annual leave pay for crew members in civil aviation under the Regulations. The company argued that it was based on the fixed annual remuneration, and the pilots argued that it should include other . .
Cited – O’Brien v Ministry of Justice SC 28-Jul-2010
The appellant had worked as a part time judge. He now said that he should be entitled to a judicial pension on retirement by means of the Framework Directive. The Regulations disapplied the provisions protecting part time workers for judicial office . .
Cited – Twentieth Century Fox Film Corp and Others v British Telecommunications Plc ChD 28-Jul-2011
The claimant rights holders sought an order to require the defendant broadband internet provider to deny access to its users to websites which were said to facilitate the distribution of infringing copies of their films. An earlier judgment had . .
Cited – Forensic Telecommunications Services Ltd v West Yorkshire Police and Another ChD 9-Nov-2011
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones.
Held: ‘the present case is concerned with a collection . .
Cited – British Airways Plc v Williams and Others SC 17-Oct-2012
The claimants, airline pilots, and the company disputed the application of the 1998 Regulations to their employment. They sought pay for their annual leave made up of three elements: a proportionate part of the fixed annual sum paid for their . .
Cited – R and S Pilling (T/A Phoenix Engineering) v UK Insurance Ltd SC 27-Mar-2019
The driver’s car failed its MOT., He took it to private premises to repair. In those repairs, inflammable materials ignited and the fire spread those premises and adjoining third party premises. The premise’ insurers paid the owners of both and . .
Lists of cited by and citing cases may be incomplete.
Health and Safety, Transport, Employment, Health and Safety
Leading Case
Updated: 23 January 2022; Ref: scu.215895
ECJ (Judgment) Competition – Agreements, decisions and concerted practices – Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram – Concept of restriction of competition by object – Potential competition – Generic medicinal products – Barriers to market entry resulting from the existence of patents – Agreement concluded between a patent holder and a generic undertaking – Fines – Legal certainty – Principle that penalties must have a proper legal basis – 2006 Guidelines on the method of setting fines – Duration of the Commission’s investigation
T-460/13, [2016] EUECJ T-460/13, ECLI:EU:T:2016:453
Bailii
European, Commercial
Updated: 22 January 2022; Ref: scu.569063
ECJ Judgment – Reference for a preliminary ruling – Copyright and related rights – Directive 2001/29/EC – Information society – Harmonisation of certain aspects of copyright and related rights – Article 3(1) – Communication to the public – Definition – Internet – Hyperlinks giving access to protected works, made accessible on another website without the rightholder’s consent – Works not yet published by the rightholder – Posting of such links for a profit
[2016] EUECJ C-160/15, ECLI:EU:C:2016:644
Bailii
Citing:
Opinion – GS Media v Sanoma Media Netherlands BV and Others ECJ 7-Apr-2016
ECJ (Advocate General’s Opinion) Reference for a preliminary ruling – Copyright and related rights – Directive 2001/29/EC – Information society – Article 3(1) – Communication to the public – Website – Making . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 22 January 2022; Ref: scu.569054
(Judgment)
T-470/13, [2016] EUECJ T-470/13
Bailii
European
Updated: 22 January 2022; Ref: scu.569061
ECJ (Judgment) Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Betting and gambling – Restrictions – Overriding reasons of public interest – Proportionality – Public procurement – Conditions for participating in a call for tenders and assessment of economic and financial standing – Exclusion of the tenderer for not presenting certificates of economic and financial standing issued by two different banks – Directive 2004/18/EC – Article 47 – Applicability
[2016] EUECJ C-225/15, ECLI:EU:C:2016:645
Bailii
TFEU 49
Citing:
Opinion – Politano C-225/15 ECJ 16-Jun-2016
ECJ (Advocate Generals Opinion) Preliminary reference – Article 49 TFEU – Freedom of establishment – Principles of equivalence and effectiveness – Gambling – Restrictions – Conditions of participation in the . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 22 January 2022; Ref: scu.569052
1. Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Workers doing the same work – ‘Same work’ – Definition – Workers in a similar situation – Criteria for assessment – Nature of the work, training requirements and working conditions – Powers of review of the national court (Council Directive 1999/70, Annex, Clauses 3(2) and 4(1) (see paras 32-38)
2. Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Prohibition of discrimination against fixed-term workers – Worker employed for a fixed term recruited as a career civil servant without a public competition – Failure to take account, in order to determine length of service, of periods of service completed under a fixed-term contract – Not permissible (Council Directive 1999/70, Annex, Clause 4(1) and (4) (see paras 39-41, 43-53, 55, operative part.)
3. Questions referred for a preliminary ruling – Jurisdiction of the Court – Limits – General or hypothetical questions – Determination by the Court of its own jurisdiction (Art. 267 TFEU) (see para. 54)
[2013] EUECJ C-393/11
Bailii
Citing:
Order – Autorita per l’energia elettrica e il gas v Bertazzi (Order) ECJ 7-Mar-2013
ECJ Article 99 of the Rules of Procedure of the Court – Social policy – Directive 1999/70 / EC – Framework Agreement ETUC, UNICE and CEEP on fixed-term work – Clause 4 – term employment contracts in the public . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 22 January 2022; Ref: scu.569028
ECJ- (Judgment) Mark of the European Union – Application for figurative mark of the European Union Q10 – Refusal to register a declaration on the scope of protection – Article 37, paragraph 2 of Regulation (EC) No 207 / 2009 – absolute grounds for refusal – descriptive character – Lack of distinctive character – Article 7, paragraph 1 b) and c) of Regulation No 207/2009
[2016] EUECJ T-4/15
Bailii
European, Intellectual Property
Updated: 22 January 2022; Ref: scu.569040
ECJ (Free Movement of Goods) Industrial and commercial property – Trade mark rights – Pharmaceutical products – Parallel imports – Repackaging of the product bearing the trade mark.
C.W.A. Timmermans, P
[2007] ECR I-3391, [2007] Bus LR 1100, [2007] EUECJ C-348/04
Bailii
Citing:
See also – Boehringer Ingelheim KG v Swingward Ltd ECJ 6-Apr-2006
Opinion – 1. In the present case the Court of Appeal (England and Wales) (Civil Division) seeks further guidance from the Court of Justice on the effect of the latter’s judgment in Boehringer Ingelheim and Others (‘Boehringer I’). (2) That case . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, European
Updated: 22 January 2022; Ref: scu.569033
ECJ (Advocate General’s Opinion) Appeal – Competition – Cartels (Article 81 EC and Article 53 of the EEA Agreement) – Fines – 2006 Guidelines on the method of setting fines – Turnover to be taken into account – Exchange rate for calculating the 10% upper limit on fines under Article 23(2) of Regulation (EC) No 1/2003 – European market for automotive glass
Kokott AG
C-101/15, [2016] EUECJ C-101/15 – O, [2016] EUECJ C-101/15
Bailii, Bailii
European
Updated: 22 January 2022; Ref: scu.569038
ECJ (Judgment) State aid – Partial exemption from the obligation to contribute to the Pension Protection Fund – Decision declaring the aid incompatible with the internal market – Concept of State aid – State resources – Advantage – Selective nature – Adverse effect on competition – Effect on trade between Member States – Equal treatment – Proportionality – Legitimate expectations – Obligation to state reasons – Putting into effect of the aid
ECLI:EU:T:2013:466, [2013] EUECJ T-226/09
Bailii
European
Updated: 22 January 2022; Ref: scu.569026
ECJ Judgment – EU trade mark – Opposition proceedings – Application for the EU word mark VICTOR – Earlier national figurative mark victoria – Relative ground for refusal – Genuine use of the earlier mark – Nature of the use – Form differing in elements which do not alter the distinctive character – Article 15(1) and Article 42(2) and (3) of Regulation (EC) No 207/2009 – Likelihood of confusion – Article 8(1)(b) of Regulation No 207/2009
T-204/14, [2016] EUECJ T-204/14, ECLI:EU:T:2016:448
Bailii
European, Intellectual Property
Updated: 22 January 2022; Ref: scu.569047
ECJ (Judgment) Reference for a preliminary ruling – Consumer protection – Unfair commercial practices – Directive 2005/29/EC – Articles 5 and 7 – Combined offer – Sale of a computer equipped with pre-installed software – Material information relating to the price – Misleading omission – Consumer unable to obtain the same model of computer not equipped with software
D Svaby, P
C-310/15, [2016] EUECJ C-310/15
Bailii
Directive 2005/29/EC
European, Consumer
Updated: 22 January 2022; Ref: scu.569043
ECJ (Judgment) Reference for a preliminary ruling – Public procurement – Directive 2004/18/EC – Article 2 – Principle of equal treatment – Obligation of transparency – Contract for the supply of a complex communications system – Difficulties in performance of the contract – Disagreement of the parties in regard to areas of responsibility – Settlement – Reduction in the scope of the contract – Transformation of a rental of equipment into a sale of equipment – Material amendment to a contract – Justification by the objective expediency of achieving a settlement agreement
C-549/14, [2016] EUECJ C-549/14, ECLI:EU:C:2016:634
Bailii
European
Updated: 22 January 2022; Ref: scu.569045
ECJ (Judgment) Reference for a preliminary ruling – Scheme for greenhouse gas emission allowance trading within the European Union – Directive 2003/87/EC – Article 10a – Method of allocating free allowances – Calculation of the uniform cross-sectoral correction factor – Decision 2013/448/EU – Article 4 – Annex II – Validity – Determination of the product benchmark for hot metal – Decision 2011/278/EU – Annex I – Validity – Article 3(c) – Article 7 – Article 10(1) to (3) and 8 -Annex IV – Free allowances for the consumption and for the export of heat – Measurable heat exported to private households – Prohibition on double-counting of emissions and of double allocation of allowances
C-180/15, [2016] EUECJ C-180/15, ECLI:EU:C:2016:647
Bailii
Directive 2003/87/EC
European
Updated: 22 January 2022; Ref: scu.569041
(Order) Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Community word mark – Word mark KENZO ESTATE – Earlier Community word mark KENZO – Relative ground for refusal – Reputation – Regulation (EC) No 207/2009 – Article 8(5) – Partial rejection of the opposition
C-87/16, [2016] EUECJ C-87/16 – CO, ECLI:EU:C:2016:592
Bailii
European, Intellectual Property
Updated: 22 January 2022; Ref: scu.569009
(Advocate General’s Opinion) VAT – Special scheme for travel agents
Sharpston AG
ECLI:EU:C:2013:375, [2013] EUECJ C-193/11 – O
Bailii
European
Updated: 22 January 2022; Ref: scu.569024
(Order) Appeal – European Union trade mark – No need to adjudicate
C-363/15, [2016] EUECJ C-363/15 – CO, ECLI:EU:C:2016:595
Bailii
European, Intellectual Property
Updated: 22 January 2022; Ref: scu.569008
Opinion – Request for a preliminary ruling – Citizenship of the European Union – First paragraph of Article 18 TFEU and Article 21(1) TFEU – Request for the extradition to Russia of a national of one Member State present on the territory of another Member State – Refusal of a Member State to extradite its own nationals – Difference in treatment on the ground of nationality – Whether justified – Combating impunity – Verification of the guarantees provided for in Article 19(2) of the Charter of Fundamental Rights of the European Union
Bot AG
C-182/15, [2016] EUECJ C-182/15 – O, [2016] EUECJ C-182/15
Bailii, Bailii
Charter of Fundamental Rights of the European Union 19(2)
European, Human Rights
Updated: 22 January 2022; Ref: scu.569007
ECJ Article 99 of the Rules of Procedure of the Court – Social policy – Directive 1999/70 / EC – Framework Agreement ETUC, UNICE and CEEP on fixed-term work – Clause 4 – term employment contracts in the public sector – stabilization procedure – Recruitment workers employed for a fixed term as statutory public servants without competition – Determination of seniority – Total lack of consideration of periods of service under fixed-term employment contracts – Principle no discrimination
C-393/11, [2013] EUECJ C-393/11 – CO, ECLI:EU:C:2013:143
Bailii
Cited by:
Order – Autorita per l’energia elettrica e il gas v Bertazzi (Order 2) ECJ 7-Mar-2013
1. Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Workers doing the same work – ‘Same work’ – Definition – Workers in a similar situation – Criteria for assessment – Nature of the work, . .
Lists of cited by and citing cases may be incomplete.
European, Employment
Updated: 22 January 2022; Ref: scu.569022
(Advocate General’s Opinion) VAT – Special scheme for travel agents
Sharpston AG
C-236/11, [2013] EUECJ C-236/11 – O
Bailii
European, VAT
Updated: 22 January 2022; Ref: scu.569023
ECJ (Grand Chamber) Articles 43 EC and 49 EC – Freedom of establishment – Freedom to provide services – Organisation of bets on sporting competitions subject to a public monopoly at Land level – Objective of preventing incitement to squander money on gambling and combating gambling addiction – Proportionality – Restrictive measure to be genuinely aimed at reducing opportunities for gambling and limiting gambling activities in a consistent and systematic manner – Advertising emanating from the holder of the monopoly and encouraging participation in lotteries – Other games of chance capable of being offered by private operators – Expansion of the supply of other games of chance – Licence issued in another Member State – No mutual recognition obligation
[2010] EUECJ C-358/07
Bailii
Citing:
Opinion – Markus Stoss (Free Movement Of Persons) C-358/07 ECJ 4-Mar-2010
(Opnion) Freedom to provide services – Gambling – Consistency of national policy regarding games – organization of activity of sports paris subject to authorization – Mutual recognition . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 22 January 2022; Ref: scu.568899
Appeal – Civil service – Contract staff – Pensions – Transfer to the Union pension scheme of pension rights previously acquired under national schemes – Damage resulting from the allegedly insufficient information provided to the applicants by the AHCC when the transmission of the proposals for bonuses relating to them – Dismissal of the action for compensation at first instance – Article 77, fourth paragraph, of the Staff Regulations – Pecuniary damage
T-702/16, [2018] EUECJ T-702/16P
Bailii
European
Employment
Updated: 22 January 2022; Ref: scu.622551
ECJ Failure of a Member State to fulfil obligations – Freedom of establishment – Article 43 EC – National legislation concerning the establishment of shopping centres in Catalonia – Restrictions – Justifications – Proportionality
[2011] 2 CMLR 50, [2011] EUECJ C-400/08, [2011] ECR I-1915
Bailii
European
European
Updated: 22 January 2022; Ref: scu.568729
ECJ Articles 43 EC and 49 EC – Freedom of establishment – Freedom to provide services – Organisation of bets on sporting competitions subject to a public monopoly at Land level – Objective of preventing incitement to squander money on gambling and combating gambling addiction – Proportionality – Restrictive measure to be genuinely aimed at reducing opportunities for gambling and limiting gambling activities in a consistent and systematic manner – Advertising emanating from the holder of the monopoly and encouraging participation in lotteries – Other games of chance capable of being offered by private operators – Expansion of the supply of other games of chance – Licence issued in another Member State – No mutual recognition obligation
V. Skouris, P
[2010] EUECJ C-410/07
Bailii
Citing:
Opinion – Markus Stoss C-410/07 ECJ 4-Mar-2010
ECJ (Free Movement Of Persons) Opinion – Freedom to provide services – Gambling – Consistency of national policy regarding games – organization of activity of sports paris subject to authorization – Mutual . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 22 January 2022; Ref: scu.568753
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 2004/48/EC – Intellectual property rights – Infringement of those rights – Measures, procedures and remedies – Sentence – Exequatur procedure – Related legal costs
[2011] EUECJ C-406/09, [2012] Bus LR 1825, ECLI:EU:C:2011:668
Bailii
Regulation (EC) No 44/2001, Directive 2004/48/EC
Citing:
Opinion – 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 – . .
Lists of cited by and citing cases may be incomplete.
European, Intellectual Property
Updated: 21 January 2022; Ref: scu.568161
Order – Junction
[2011] EUECJ F-83/10
Bailii
Cited by:
See Also – Giannakouris v Commission ECJ 5-Jun-2012
ECJ Public service – Officials – Remuneration – Family allowances – Education allowance – Conditions for granting – Deduction of an allowance of like nature received from another . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 21 January 2022; Ref: scu.568015
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 Directive 2005/85 – Application by a third country national for refugee status – Failure to provide reasons justifying the grant of international protection – Application rejected under an accelerated procedure – No remedy against the decision to deal with the application under an accelerated procedure – Right to effective judicial review
The Procedures Directive lays down minimum standards. Article 39 requires Member States to ensure that applicants have the right to ‘an effective remedy’, not that they should have the most effective remedy.
[2011] EUECJ C-69/10, [2012] 1 CMLR 8, ECLI:EU:C:2011:524
Bailii
Directive 2005/85/EC
Citing:
Opinion – 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 . .
Cited by:
Cited – TN, MA and AA (Afghanistan) v Secretary of State for The Home Department SC 24-Jun-2015
The appellants, children from Afghanistan whose asylum claims had been rejected, challenged the sufficiency of the appellate process, and the respondents obligations for family tracing.
Held: The appeals failed. An applicant could not claim, . .
Cited – TN, MA and AA (Afghanistan) v Secretary of State for The Home Department SC 24-Jun-2015
The appellants, children from Afghanistan whose asylum claims had been rejected, challenged the sufficiency of the appellate process, and the respondents obligations for family tracing.
Held: The appeals failed. An applicant could not claim, . .
Lists of cited by and citing cases may be incomplete.
European, Immigration
Updated: 20 January 2022; Ref: scu.567850
ECJ (Judgment) Appeal – Restrictive measures imposed on certain persons and entities forming part of the Government of Zimbabwe or linked to it – List of persons, groups and entities covered by the freezing of funds and economic resources – Inclusion of the appellants’ names
ECLI:EU:C:2016:601, [2016] EUECJ C-330/15
Bailii
European
Updated: 20 January 2022; Ref: scu.567791
ECJ (Judgment) Reference for a preliminary ruling – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – National measure incompatible with EU law – Legal consequences – Power of the national court to maintain certain effects of that measure provisionally – Third paragraph of Article 267 TFEU – Obligation to make a reference to the Court for a preliminary ruling
C-379/15, [2016] EUECJ C-379/15
Bailii
European
Updated: 20 January 2022; Ref: scu.567780
ECJ (Judgment) Preliminary reference – urgent preliminary ruling procedure – police and judicial cooperation in criminal matters – Framework Decision 2002/584 / JHA – Article 26, paragraph 1 – European arrest warrant – Effects of discount – Deduction of the period of detention received in the executing member State – Definition of ‘detention’ – restrictive measures other than imprisonment freedom – House Arrest matching of wearing an electronic bracelet – Charter of fundamental rights of the European Union – Articles 6 and 49
C-294/16, [2016] EUECJ C-294/16, ECLI:EU:C:2016:610
Bailii
European
Updated: 20 January 2022; Ref: scu.567785
ECJ (Judgment) Public service – Referral to the Court after annulment – Action for damages – Non-contractual liability – Fouls committed in the management of the list of suitable candidates – Open competition – Notice of competition EUR / A / 151/98 – Equal treatment – Measures to execution of the judgment [confidential] 1 confidential information omitted. – Survey of the European Ombudsman
F-9/12, [2016] EUECJ F-9/12, ECLI:EU:F:2016:165
Bailii
European
Updated: 20 January 2022; Ref: scu.567404
(Judgment) EU trade mark – Invalidity proceedings – EU figurative mark Tropical – Earlier national word mark TROPICAL – Relative ground for refusal – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 – Extent of the applicant’s rights under national law – Coexistence of the marks – Obligation to state reasons – Article 75 of Regulation No 207/2009
T-804/14, [2016] EUECJ T-804/14
Bailii
Regulation No 207/2009 75
European, Intellectual Property
Updated: 20 January 2022; Ref: scu.567415
lipECJ (Judgment) Civil service – Staff of the EIB – Health Insurance – Refund Refusal of medical expenses – laser therapy – scientific validity Failure Treatment – Procedures for appointment of an independent doctor – Order of competent doctors – Opinion of the independent doctor – Scope of judicial review – Grounds for refusing reimbursement – internal provisions governing health insurance – Objective of laser therapy – lenitive effects on pain – prior authorization of the medical adviser – pecuniary – premature conclusions – moral prejudice – Amount not stated – Inadmissible ‘
ECLI:EU:F:2016:166, [2016] EUECJ F-82/15
Bailii
European
Updated: 20 January 2022; Ref: scu.567407
(Judgment) Failure to fulfill obligations – Protection of the environment – Directive 2006/21 / EC – Waste management – Mining – settling basins – Dust emission – fine particles of suspended dust in the air – Pollution – Health people – mandatory preventive measures – Articles 4 and 13 – Findings of the existence of a breach
ECLI:EU:C:2016:581, [2016] EUECJ C-104/15
Bailii
European
Updated: 20 January 2022; Ref: scu.567405
ECJ (Judgment) Reference for a preliminary ruling – Competition – Article 101(1) TFEU – Purely internal situation – Application of analogous national rules – Jurisdiction of the Court – Concerted practice – Liability of an undertaking for the acts of a service provider – Conditions
T von Danwitz, P
C-542/14, [2016] EUECJ C-542/14, [2016] WLR(D) 410, ECLI:EU:C:2016:578
Bailii, WLRD
TFEU 101(1)
European, Commercial
Updated: 20 January 2022; Ref: scu.567419
ECJ (Judgment) Public service – Officials – Certification procedure – Fiscal 2014 – Non-inclusion of the applicant on the list of officials selected to take part in the training program – Article 45 bis of the Statute
ECLI: EU:F:2016:171, [2016] EUECJ F-1/16
Bailii
European
Updated: 20 January 2022; Ref: scu.567418
(Judgment) Public service – Officials – Promotion year 2014 – Article 45, paragraph 1, of the Statute – Comparison of merits – Staff reports 2011 and 2012 – Absence of several months due to maternity in 2013 – Staff report lacks any substantial appreciation for the year – Decision not to promote the appellant in 2014 – Obligation to state reasons – Consideration of comparative merits – no recommendation of the Joint Promotions Committee – Access to computerized personal file of the applicant – Composition of the Joint Promotions Committee – discrimination based on sex – pecuniary damage
F-125/15, [2016] EUECJ F-125/15
Bailii
European
Updated: 20 January 2022; Ref: scu.567411
(Judgment) Request for a preliminary ruling – State aid – Aid scheme in the form of reductions in environmental taxes – Regulation (EC) No 800/2008 – Categories of aid which may be regarded as compatible with the internal market and exempt from the obligation to notify – Mandatory nature of the conditions for exemption – Article 3(1) – Express reference to that regulation in the aid scheme
ECLI:EU:C:2016:577, [2016] EUECJ C-493/14
Bailii
Regulation (EC) No 800/2008
European
Updated: 20 January 2022; Ref: scu.567408
ECJ (Judgment) Non-contractual liability – Refusal to extend the deadline for removal of the skimmed milk powder in the food distribution program for the most deprived persons in the Union for the year 2010 – Sufficiently serious breach of a rule of law intended to confer rights on individuals
T-832/14, [2016] EUECJ T-832/14, ECLI:EU:T:2016:428
Bailii
European, Consumer
Updated: 20 January 2022; Ref: scu.567414
(Judgment (Extracts)) Common Foreign and Security Policy – Restrictive measures against Syria – Freezing of funds – Restriction on admission – Cancellation of prior acts by a judgment of the Court – New actions include the applicant’s name on the lists – manifest error of assessment – Right to property – Proportionality – Presumption of innocence – non-contractual liability
ECLI:EU:T:2016:429, [2016] EUECJ T-790/14
Bailii
European
Updated: 20 January 2022; Ref: scu.567410
ECJ (Judgment) Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats – Special areas of conservation – Natura 2000 site ‘Scheldt and Durme estuary from the Dutch border to Ghent’ – Development of a port area – Assessment of the implications of a plan or project for a protected site – Occurrence of adverse effects – Prior but not yet completed development of an area of an equivalent type to the part destroyed – Completion subsequent to the assessment – Article 6(3) and (4)
C-387/15, [2016] EUECJ C-387/15, ECLI:EU:C:2016:583
Bailii
Directive 92/43/EEC
European, Environment
Updated: 20 January 2022; Ref: scu.567416
(Judgment) Public service – Officials – Remuneration – Family allowances – Education allowance – Conditions for granting – Article 67, paragraph 2, of the Statute – Deduction of an allowance of like nature received from another source – Article 85 of the Staff – Recovery of overpayments
ECLI:EU:F:2016:169, [2016] EUECJ F-136/15
Bailii
European
Updated: 20 January 2022; Ref: scu.567412
ECJ (Judgment) Public service – Officials – Disciplinary measure – Article 9, paragraph 2 of Annex IX to the Staff Regulations – Deduction of the amount of the pension – Outdoor Activity unauthorized – prior authorization request of Absence
ECLI:EU:F:2016:168, [2016] EUECJ F-127/15
Bailii
European
Updated: 20 January 2022; Ref: scu.567417
ECJ (Judgment (Extracts)) Common foreign and security policy – Restrictive measures imposed on certain persons and entities in view of the situation in Zimbabwe – Freezing of funds – Non-contractual liability
ECLI:EU:T:2016:430, [2016] EUECJ T-66/14
Bailii
European
Updated: 20 January 2022; Ref: scu.567403
(Judgment) Appeal – EU trade mark – Regulation (EC) No 207/2009 – Article 76(2) – Regulation (EC) No 2868/95 – Rule 50(1), third subparagraph – Figurative mark – Opposition by the proprietor of the earlier trade mark – Proof of the existence, validity and extent of the protection of the earlier trade mark – Consideration by the Board of Appeal of evidence submitted out of time – Rejection of the opposition by the Board of Appeal
C-597/14, [2016] EUECJ C-597/14, ECLI:EU:C:2016:579
Bailii
European, Intellectual Property
Updated: 20 January 2022; Ref: scu.567409
ECJ (Judgment) Public service – Temporary staff – Engagement – Medical examination prior commitment – Incomplete reports during the medical examination – Medical Reserve – Retroactive application of medical reserve – Non-eligibility for disability allowance – Cancellation – enforcement of a judgment of the Tribunal
F-91/15, [2016] EUECJ F-91/15
Bailii
European
Updated: 20 January 2022; Ref: scu.567402
ECJ (Judgment) Appeal – EU trade mark – Application for EU word mark English pink – Opposition by the proprietor of the word mark PINK LADY and the figurative marks including the word elements ‘Pink Lady’ – Opposition dismissed – Decision of an EU trade mark court – Alteration – Res judicata
ECLI:EU:C:2016:582, [2016] EUECJ C-226/15
Bailii
European
Intellectual Property
Updated: 20 January 2022; Ref: scu.567400
ECJ (Judgment) Reference for a preliminary ruling – Customs union – Common Customs Tariff – Customs procedures with economic impact – Outward processing — Regulation (EEC) No 2913/92 — Article 148(c) – Issue of authorisation – Economic conditions – Absence of serious harm to the essential interests of Community processors – Concept of ‘Community processors’
ECLI:EU:C:2016:580, [2016] EUECJ C-4/15
Bailii
Regulation (EEC) No 2913/92 148(c)
European
Updated: 20 January 2022; Ref: scu.567401
ECJ Directive 2003/6 Insider dealing – Use of inside information – Sanctions – Conditions
[2009] EUECJ C-45/08
Bailii
Citing:
Preliminary Ruling – Spector Photo Group and Van Raemdonck v Commissie voor het Bank, Financie en Assurantiewezen (CBFA) ECJ 10-Sep-2009
ECJ (Approximation Of Laws) Opinion – Insider trading Using inside information Directive 2003/6 / EC . .
Lists of cited by and citing cases may be incomplete.
European, Financial Services
Updated: 20 January 2022; Ref: scu.567370
ECJ (Judgment) Public service – Officials – Reports – Evaluation exercise of 2013 – Assessment report – Manifest error of assessment – Recovery Plan – Act adversely affecting – Admissibility
ECLI:EU:F:2016:149, [2016] EUECJ F-48/15
Bailii
European, Intellectual Property
Updated: 20 January 2022; Ref: scu.567331
(Judgment)
T-266/14, [2016] EUECJ T-266/14
Bailii
European
Updated: 20 January 2022; Ref: scu.567319
(Judgment) Reference for a preliminary ruling – Directive 2004/18/EC – Public works contracts – Regularity of the obligation imposed on tenderers to perform a certain percentage of the contract without using subcontractors – Regulation (EC) No 1083/2006 – General provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund – Obligation for the Member States to carry out a financial correction in relation to the irregularities identified – Concept of ‘irregularity’ – Need for a financial correction in the event of infringement of EU law on public procurement
C-406/14, [2016] EUECJ C-406/14, ECLI:EU:C:2016:562
Bailii
Directive 2004/18/EC, Regulation (EC) No 1083/2006
European
Updated: 19 January 2022; Ref: scu.566913
ECJ (Judgment) Reference for a preliminary ruling – Consumer protection – Regulation (EC) No 1924/2006 – Nutrition and health claims made on foods – Article 1(2) – Scope – Foods to be delivered as such to the final consumer – Claims made in a commercial communication addressed exclusively to health professionals
ECLI:EU:C:2016:563, [2016] EUECJ C-19/15
Bailii
European, Consumer
Updated: 19 January 2022; Ref: scu.566911
ECJ (Judgment) Mark of the European Union – Application for verbal mark of the European Union ConnectedWork – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) and Article 75 of Regulation (EC) No 207 / 2009 – Obligation to state reason
ECLI:EU:T:2016:407, [2016] EUECJ T-491/15
Bailii
European
Intellectual Property
Updated: 19 January 2022; Ref: scu.566912
ECJ (Judgment) Reference for a preliminary ruling – Common Customs Tariff – Combined Nomenclature – Headings 8471 and 8521 – Explanatory notes – Agreement on trade in information technology products – ‘Screenplays’
ECLI:EU:C:2016:556, [2016] EUECJ C-97/15
Bailii
European
Customs and Excise
Updated: 19 January 2022; Ref: scu.566908
ECJ (Judgment) Reference for a preliminary ruling – Public supply contracts – Directive 2004/18/EC – Article 53(2) – Award criteria – Most economically advantageous tender – Method of evaluation – Weighting rules – Obligation for the contracting authority to specify in the call for tenders the weighting of the award criteria – Scope of the obligation
ECLI:EU:C:2016:555, [2016] EUECJ C-6/15
Bailii
European
Updated: 19 January 2022; Ref: scu.566910
(Judgment) EU trade mark – Opposition proceedings – Application for EU figurative mark representing a black square with four white lines – Earlier EU figurative mark representing three claws positioned vertically – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009
ECLI:EU:T:2016:408, [2016] EUECJ T-567/15
Bailii
European, Intellectual Property
Updated: 19 January 2022; Ref: scu.566902
ECJ (Judgment) EU trade mark – Opposition proceedings – Application for EU figurative mark MAD CATZ – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009
ECLI:EU:T:2016:409, [2016] EUECJ T-429/15
Bailii
European, Intellectual Property
Updated: 19 January 2022; Ref: scu.566901
ECJ (Judgment) Reference for a preliminary ruling – Public contracts and freedom of establishment – Article 49 TFEU – Directive 2006/123/EC – Article 12 – Concessions of State-owned maritime, lakeside and waterway property of an economic interest – Automatic extension – Lack of tender procedure
ECLI:EU:C:2016:558, [2016] EUECJ C-458/14
Bailii
European
Contract
Updated: 19 January 2022; Ref: scu.566906
ECJ (Judgment) Reference for a preliminary ruling – Social policy – Article 119 of the EC Treaty (subsequently Article 141 EC) – Directive 75/117/EEC – Equal pay for men and women – Article 1 – Directive 92/85/EEC – Measures to improve the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding – Article 11(2)(b) and Article 11(3) – National law providing for an allowance for ordinary magistrates in respect of expenses which they incur in the performance of their professional functions – No entitlement for an ordinary magistrate to that allowance in the case of compulsory maternity leave taken prior to 1 January 2005
C-335/15, [2016] EUECJ C-335/15
Bailii
European
Discrimination
Updated: 19 January 2022; Ref: scu.566903
ECJ (Order) Preliminary reference – Article 99 the Rules of Procedure of the Court – Directive 93/13 / EEC – Unfair terms – debt transfer – extinction law of its debt by the debtor – Conditions for exercise of this right
ECLI:EU:C:2016:523, [2016] EUECJ C-7/16 – CO
Bailii
European
Updated: 19 January 2022; Ref: scu.566894
ECJ (Judgment) Appeals – Right of public access to documents of the institutions of the European Union – Regulation (EC) No 1049/2001 – Article 4, paragraph 2, third indent – Exceptions to the right of access to documents – incorrect interpretation – obligation to state reasons – Documents relating to a State aid control procedure – Protection of the purpose of inspections, investigations and audits – General Presumption of application of the exception to the right of access to all documents in the administrative file – Scope of presumption of confidentiality – access request to the complaint at the origin of an investigation – Refusal of access – Overriding public interest
ECLI:EU:C:2016:557, [2016] EUECJ C-271/15
Bailii
Regulation (EC) No 1049/2001 4
European
European
Updated: 19 January 2022; Ref: scu.566907
ECJ (Judgment) Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Article 34(2) – Defendant not entering an appearance – Recognition and enforcement of judgments – Grounds for refusing enforcement – Document instituting proceedings not served on the defendant in sufficient time – Concept of ‘proceedings to challenge a judgment’ – Application for relief – Regulation (EC) No 1393/2007 – Article 19(4) – Service of judicial and extrajudicial documents – Period within which an application for relief may be submitted)
ECLI:EU:C:2016:524, [2016] EUECJ C-70/15
Bailii
Regulation (EC) No 44/2001 34(2)
European
Updated: 19 January 2022; Ref: scu.566728
ECJ (Judgment) Reference for a preliminary ruling – Common agricultural policy – Regulation (EC) No 1698/2005 – Regulation (EU) No 65/2011 – Financing by the EAFRD – Support for rural development – Rules on eligibility of operations and expenditure – Temporal condition – Complete exclusion – Reduction of the aid
ECLI:EU:C:2016:532, [2016] EUECJ C-111/15
Bailii
European, Agriculture
Updated: 19 January 2022; Ref: scu.566730
(Judgment) Reference for a preliminary ruling – Jurisdiction clause – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EC) No 44/2001 – Article 23 – Clause inserted in the general conditions – Consent of the parties to those conditions – Validity and precision of such a clause)
ECLI:EU:C:2016:525, [2016] EUECJ C-222/15
Bailii
Regulation (EC) No 44/2001
European
Updated: 19 January 2022; Ref: scu.566727
(Judgment) Appeal – EAGGF and EAFRD – Expenditure excluded from EU financing – Regulations (EC) No 1257/1999 and 1698/2005 – Early retirement of farmers – Termination of all commercial farming activity
C-210/15, [2016] EUECJ C-210/15, ECLI: EU: C: 2016: 529
Bailii
European
Updated: 19 January 2022; Ref: scu.566731
(Judgment) Reference for a preliminary ruling – Transport – Directive 2003/59/EC – Obligation to obtain an initial qualification – Article 4 – Acquired rights – Holders of driving licences issued before the dates laid down in Article 4 – Exemption from the obligation to obtain an initial qualification – National legislation setting an additional requirement for periodic training of 35 hours duration in order to benefit from that exemption
C-447/15, [2016] EUECJ C-447/15
Bailii
European
Updated: 19 January 2022; Ref: scu.566729
ECJ (Judgment) European Union trade mark – Proceedings for a declaration of invalidity – European Union word mark LUCEO – Absolute ground for refusal – Bad faith during the filing of the application for registration – Article 52(1)(b) of Regulation (EC) No 207/2009
G. Berardis, P
ECLI:EU:T:2016:396, [2016] EUECJ T-82/14
Bailii
Regulation (EC) No 207/2009 52(1)(b)
European, Intellectual Property
Updated: 19 January 2022; Ref: scu.566724
(Judgment) EU trade mark – Revocation proceedings – EU word mark FRUIT – Genuine use of a mark – Article 15 and Article 51(1)(a) of Regulation (EC) No 207/2009 – External use of the mark
ECLI:EU:T:2016:395, [2016] EUECJ T-431/15
Bailii
European, Intellectual Property
Updated: 19 January 2022; Ref: scu.566725
ECJ (Judgment) References for a preliminary ruling – Public procurement – Directive 2004/18/EC – Article 48(2)(a)(ii), second indent – Technical abilities of economic operators – Direct effect – Means of evidence – Hierarchical relationship between the private purchaser’s certification and the tenderer’s unilateral declaration – Principle of proportionality – Prohibition on introducing substantive changes to the means of evidence provided for
ECLI:EU:C:2016:530, [2016] EUECJ C-46/15
Bailii
Directive 2004/18/EC
European
Updated: 19 January 2022; Ref: scu.566722
ECJ (Judgment) Reference for a preliminary ruling – Article 267 TFEU – Jurisdiction of the Court – Status of the referring body as a court or tribunal – Procurement procedure in railway infrastructure sector – Negotiated procedure – Directive 2004/17/EC – Article 10 – Article 51(3) – Principle of equal treatment of tenderers – Group composed of two companies and admitted as such as a tenderer – Tender submitted by one of the two companies, in its own name, the other company having been declared insolvent – Company considered to be capable, by itself, of being admitted as a tenderer – Contract awarded to that company
C-396/14, [2016] EUECJ C-396/14, ECLI:EU:C:2016:347
Bailii
TFEU 267
European
Jurisdiction
Updated: 19 January 2022; Ref: scu.564890
ECJ (Judgment) Mark of the European Union – Invalidity proceedings – the figurative mark EU ALFREDO’S GALLERY alla Scrofa Roma – Earlier national word mark THE ORIGINAL ALFREDO – Request for proof of use – Article 57, paragraph 2 of Regulation ( EC) No 207/2009 – relative ground for refusal – Article 8, paragraph 1 b) of Regulation No 207/2009
ECLI: EU:T:2016:393, [2016] EUECJ T-97/15
Bailii
European, Intellectual Property
Updated: 18 January 2022; Ref: scu.566590