ECJ (Judgment) Appeal – Public service – Officials – Disciplinary proceedings – Disciplinary measure – Downgrading – Rights of the defense – Articles 4 and 6 of the Charter – Article 9 of Annex IX of the Staff Regulations – Principle of proportionality – Manifest error of assessment
T-496/15, [2016] EUECJ T-496/15
Bailii
European
Updated: 16 January 2022; Ref: scu.564328
ECJ (Judgment) EU trade mark – Opposition proceedings – Application for EU word mark MITOCHRON – Earlier EU figurative mark mito – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation No 207/2009
T-62/15, [2016] EUECJ T-62/15, ECLI:EU:T:2016:304
Bailii
European, Intellectual Property
Updated: 16 January 2022; Ref: scu.564331
ECJ (Judgment) EU trade mark – Opposition proceedings – Application for EU word mark MITOCHRON – Earlier national word mark MIVACRON – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation No 207/2009
T-312/15, [2016] EUECJ T-312/15, ECLI:EU:T:2016:303
Bailii
European, Intellectual Property
Updated: 16 January 2022; Ref: scu.564332
ECJ (Judgment) Civil Service – Former official – Social security – Accident – Article 73 of the Statute – Closing of application – Determination of permanent partial disability rate – Additional allowance paid in capital in the event of partial permanent invalidity – Enforcement of a judgment of cancellation – and incurable Total deafness
F-92/15, [2016] EUECJ F-92/15, ECLI:EU:F:2016:118
Bailii
European
Updated: 16 January 2022; Ref: scu.564330
ECJ (Judgment) Brand of the European Union – Opposition proceedings – trade mark of the figurative EU Abtronic – Brand of the prior oral EU TRONIC – Relative ground for refusal – Article 8, paragraph 1 b) of the Regulation (EC) No 207/2009 – minimum inherent distinctive character of the earlier mark – Likelihood of confusion
T-775/14, [2016] EUECJ T-775/14, ECLI:EU:T:2016:293
Bailii
European, Intellectual Property
Updated: 15 January 2022; Ref: scu.563408
ECJ (Judgment) State aid – Sports Facilities provided by non-profit organizations – operating or investment Grants to afford to build, operate, maintain, rebuild or develop sports installations without lucrative purpose – Decision declaring the aid compatible with the internal market – Article 107, paragraph 3, c) TFEU – Action for annulment – individual concern – Concept of interested party – Admissibility – No alteration of trading conditions to an extent contrary to the common interest – Lack of doubts for initiating the formal investigation procedure
T-693/14, [2016] EUECJ T-693/14, ECLI:EU:T:2016:292
Bailii
European
Updated: 15 January 2022; Ref: scu.563399
ECJ (Judgment) References for a preliminary ruling – Common Customs Tariff – Classification for customs purposes – Combined Nomenclature – Tariff heading 2206 – Tariff heading 2208 – Alcoholic beverages obtained through fermentation followed by purification – Addition of additives to alcoholic beverages obtained through fermentation followed by purification – Beverages which have lost the properties of beverages falling under tariff heading 2206
C-532/14, [2016] EUECJ C-532/14, ECLI:EU:C:2016:337
Bailii
European, Customs and Excise
Updated: 15 January 2022; Ref: scu.563410
ECJ (Judgment (Extracts)) Common Foreign and Security Policy – Restrictive measures against Belarus – Freezing of funds and economic resources – Entrance Restrictions and transit through the territory of the Union – the applicant’s name in the Maintenance the list of persons concerned – Journalist – Rights of the defense – Obligation to state reasons – Error of assessment
T-693/13, [2016] EUECJ T-693/13
Bailii
European
Updated: 15 January 2022; Ref: scu.563404
ECJ (Judgment) Competition – Agreements, decisions and concerted practices – Market in industrial plastic bags – Action for annulment – Challengeable act – Admissibility – Action for damages – Default interest – Concept of a debt which is certain, of a fixed amount and due – Proportionality – Legal certainty – Principle that penalties must be specific to the individual and to the offence – Lack of legal basis – Article 266 TFEU – Causal link
T-669/14, [2016] EUECJ T-669/14
Bailii
European, Commercial
Updated: 15 January 2022; Ref: scu.563411
EJ (Judgment) Mark of the European Union – Invalidity proceedings – Marks of verbal and figurative EU mobile.de – mobile Earlier national figurative mark – Genuine use of the earlier mark – Article 15, paragraph 1, article 57, paragraph 2 and Article 76, paragraph 2 of Regulation (EC) No 207/2009 – Rule 40, paragraph 6 of Regulation (EC) No 2868/95
T-322/14, [2016] EUECJ T-322/14
Bailii
European, Intellectual Property
Updated: 15 January 2022; Ref: scu.563405
ECJ (Judgment) Brand of the European Union – Opposition proceedings – trade mark of the figurative EU AbTronicX2 – Brand of the prior oral EU TRONIC – Relative ground for refusal – Article 8, paragraph 1 b) of the Regulation (EC) No 207/2009 – minimum inherent distinctive character of the earlier mark – Likelihood of confusion
T-776/14, [2016] EUECJ T-776/14, ECLI:EU:T:2016:291
Bailii
European, Intellectual Property
Updated: 15 January 2022; Ref: scu.563409
ECJ (Order) Appeal – Article 181 of the Rules of Procedure of the Court – Action for annulment – Petition to the attention of the European Parliament – Property of a castle in Rusovce (Slovakia) – Questions not covered areas of activity of the European Union – Decision to the petition – Motivation
C-607/15, [2016] EUECJ C-607/15 – CO
Bailii
European
Updated: 15 January 2022; Ref: scu.563406
ECJ (Judgment (Extracts)) EAGGF – Guarantee Section – EAGF and EAFRD – Expenditure excluded from financing – Cattle and sheep sectors – Flat-rate financial correction – One-off correction – Articles 48 and 69 of Regulation (EC) No 1782/2003 – Special entitlements – Obligation to state reasons
T-384/14, [2016] EUECJ T-384/14
Bailii
European
Updated: 15 January 2022; Ref: scu.563401
ECJ (Judgment) Mark of the European Union – Application for verbal mark of the European Union Mark1 – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009
[2016] EUECJ T-844/14, ECLI:EU:T:2016:289
Bailii
European, Intellectual Property
Updated: 15 January 2022; Ref: scu.563398
ECJ (Judgment) Financial support – Research – Seventh Framework Programme for Research and Technical Development 2007-2013 – eDIGIREGION project – Commission decision refusing participation of an undertaking – Action for annulment – Time limit for bringing an action – Point from which time starts to run – Inadmissibility – Non-contractual liability – Non-material damage – Sufficiently serious breach of a rule of law conferring rights on individuals
T-468/14, [2016] EUECJ T-468/14, ECLI:EU:T:2016:296
Bailii
European
Updated: 15 January 2022; Ref: scu.563400
ECJ (Judgment) EU trade mark – Application for the EU word mark ULTIMATE FIGHTING CHAMPIONSHIP – Absolute grounds for refusal – Lack of distinctive character – Descriptiveness – Distinctive character acquired through use – Obligation to state reasons – Relevant public – Article 7(1)(b) and (c), (2) and (3) and Article 75 of Regulation (EC) No 207/2009
T-590/14, [2016] EUECJ T-590/14, ECLI:EU:T:2016:295
Bailii
European, Intellectual Property
Updated: 15 January 2022; Ref: scu.563412
ECJ (Judgment) Brand of the European Union – Opposition proceedings – Application for verbal mark of the European Union ELGO – Brands of the earlier word and figurative EU ERGO – Relative ground for refusal – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009 – Likelihood of confusion – successive Limitations registration – Article 43, paragraph 1 of Regulation No 207/2009 – Article 75, second sentence, of Regulation No 207 / 2009 – Right to be heard – Rule 69 of Regulation (EC) No 2868/95
T-750/14, [2016] EUECJ T-750/14, ECLI:EU:T:2016:290
Bailii
European, Intellectual Property
Updated: 15 January 2022; Ref: scu.563402
ECJ Reference for a preliminary ruling – Cooperation in civil and commercial matters – Service of judicial and extrajudicial documents – Regulation (CE) No 1393/2007 – Article 8 – Failure to provide a translation of the document – Refusal to accept a document – Linguistic knowledge of the addressee of the document – Review by the judge hearing the matter in the Member State of origin
C-384/14, [2016] EUECJ C-384/14 – CO, ECLI:EU:C:2016:316
Bailii
European
Updated: 15 January 2022; Ref: scu.563388
ECJ Appeal – Article 181 of the Rules of Procedure – Mark of the European Union – Word mark Matratzen Concord – Relative ground for refusal – Opposition by the proprietor of the national word mark MATRATZEN – Likelihood of confusion – Regulation (EC) No 207/2009 – Article 8, paragraph 1 b) – partial refusal of registration – Proof of use of the earlier mark – Article 42, paragraph 2
ECLI:EU:C:2016:314, [2016] EUECJ C-35/16 – CO
Bailii
European, Intellectual Property
Updated: 15 January 2022; Ref: scu.563389
ECJ (Judgment) Appeal – Restrictive measures against Iran – List of persons and entities to which the freezing of funds and economic resources – Implementing Regulation (EU) No 945/2012 – Legal basis – criterion of support material, logistical or financial to the Iranian government – Part of the profits of a state company paid to the State of Iran
C-358/15, [2016] EUECJ C-358/15, ECLI:EU:C:2016:338
Bailii
European
Updated: 15 January 2022; Ref: scu.563393
ECJ (Judgment) Reference for a preliminary ruling – Value added tax – Directive 2006/112/EC – Articles 2(1)(c) and 9(1) – Taxable persons – Economic activities – Definition – Transport of schoolchildren
C-520/14, [2016] EUECJ C-520/14, ECLI:EU:C:2016:334
Bailii
European, VAT
Updated: 15 January 2022; Ref: scu.563395
ECJ (Judgment) EU trade mark – Application for EU figurative mark Mark1 – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009
[2016] EUECJ T-32/15, ECLI:EU:T:2016:287
Bailii
European, Intellectual Property
Updated: 15 January 2022; Ref: scu.563397
ECJ (Order) Preliminary reference – Article 99 of the Rules of Procedure of the Court – Common agricultural policy – Regulation (EC) No 73/2009 – Direct support schemes – Article 29, paragraph 1 – Obligation to make payments to beneficiaries in full – Income tax Income
[2016] EUECJ C-462/15 – CO, ECLI: EU:C:2016:317
Bailii
European, Agriculture
Updated: 15 January 2022; Ref: scu.563390
EWCJ (Judgment) EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark AROMA – Absolute grounds for refusal – Descriptive character – Lack of distinctive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
T-749/14, [2016] EUECJ T-749/14, ECLI:EU:T:2016:286
Bailii
European, Intellectual Property
Updated: 15 January 2022; Ref: scu.563394
ECJ (Environment and consumers) Environment Integrated pollution prevention and control Greenhouse gas emission allowance trading scheme Directive 2003/87/EC Scope Installations in the steel sector included Installations in the chemical and non-ferrous metal sectors excluded Principle of equal treatment)
V Skouris, P
EU:C:2008:728, ECLI:EU:C:2008:728, [2008] EUECJ C-127/07, [2008] ECR I-9895
Bailii
European
European
Updated: 14 January 2022; Ref: scu.563289
ECJ Action for annulment – Telecommunications – Article 7 of Directive 2002/21 / EC – Wholesale market for voice call termination on individual mobile networks in Belgium – Significant power on the market – Letter of the Commission’s observations – act not open to appeal – Lack of direct concern – Inadmissible
[2008] EUECJ T-295/06 – CO
Bailii
European
Updated: 14 January 2022; Ref: scu.563287
Restrictions of export of live animals were unsupportable under the Treaty. The justification for the rules which was that the action of exporting live animals was contrary to public morals, or for the protection of the animals was insufficient.
ECJ (Free movement of goods) Articles 34 and 36 of the EC Treaty – Directive 91/629/EEC – European Convention on the Protection of Animals Kept for Farming Purposes – Recommendation concerning Cattle – Export of calves from a Member State maintaining the level of protection laid down by the Convention and the Recommendation – Export to Member States which comply with the Directive but do not observe the standards laid down in the Convention or the Recommendation and use intensive farming systems prohibited in the exporting State – Quantitative restrictions on exports – Exhaustive harmonisation – Validity of the Directive
Times 02-Apr-1998, [1998] ECR I-1251, [1998] EUECJ C-1/96
Bailii, Bailii
EC Treaty 34 36, Directive 91/629/EEC
England and Wales
Cited by:
See Also – Compassion in World Farming Ltd v Secretary of State for the Environment, Food and Rural Affairs Admn 27-Nov-2003
The Directive sought to provide welfare protection for battery chickens. The applicant complained that the farming techniques which restricted diet in order to encourage fast growth would have been prevented if the respondent had properly . .
See Also – Regina on the Application of Compassion In World Farming Limited v The Secretary of State for the Environment, Food and Rural Affairs CA 29-Jul-2004
The claimants challenged regulations as to animal welfare, saying that they allowed farmers to use practices which did not protect animal welfare.
Held: It was not unlawful to adopt a policy of not prosecuting farmers for practices which would . .
Lists of cited by and citing cases may be incomplete.
European, Commercial, Animals, Agriculture
Updated: 14 January 2022; Ref: scu.563234
ECJ (Judgment) Directive 2004/17/EC – Procurement procedures in the areas of water, energy, transport and postal services – Implementing Decision exempting certain services in the postal sector in Austria from the application of Directive 2004/17 – Article 30 of Directive 2004/17 – Duty to state reasons – manifest error of assessment ‘
T-463/14, [2016] EUECJ T-463/14, ECLI:EU:T:2016:243
Bailii
Directive 2004/17/EC
European
Updated: 14 January 2022; Ref: scu.563102
ECJ Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Support to the Government of Iran – Research and technology development in military or military-related fields – Rights of the defence – Right to effective judicial protection – Error of law and error of assessment – Right to property – Proportionality – Misuse of powers – Claim for damages
T-52/15, [2016] EUECJ T-52/15
Bailii
European
Updated: 14 January 2022; Ref: scu.563104
ECJ EU trade mark – International registration designating the European Union – Word mark NIAGARA – Absolute grounds for refusal – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
T-89/15, [2016] EUECJ T-89/15, ECLI:EU:T:2016:244
Bailii
European, Intellectual Property
Updated: 14 January 2022; Ref: scu.563100
ECJ EU trade mark – Opposition proceedings – Application for the EU figurative mark B’lue – Earlier EU word mark BLU DE SAN MIGUEL – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009
T-803/14, [2016] EUECJ T-803/14, ECLI:EU:T:2016:251
Bailii
European, Intellectual Property
Updated: 14 January 2022; Ref: scu.563093
ECJ EU trade mark – Application for EU figurative mark Liiga – Absolute grounds for refusal – Descriptive character – Lack of distinctive character – Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009
T-54/15, [2016] EUECJ T-54/15, ECLI:EU:T:2016:250
Bailii
European, Intellectual Property
Updated: 14 January 2022; Ref: scu.563096
ECJ (Judgment) Reference for a preliminary ruling – Self-employed commercial agents – Directive 86/653/EEC – Article 17(2) – Indemnity in respect of customers – Conditions for granting – Acquisition of new customers – Concept of ‘new customers’ – Principal’s customers purchasing, for the first time, goods which the commercial agent was assigned to sell
C-315/14, [2016] EUECJ C-315/14, [2016] WLR(D) 175, [2016] Bus LR 694
Bailii, WLRD
Directive 86/653/EEC 17(2)
European
Updated: 13 January 2022; Ref: scu.561986
ECJ (Judgment) Reference for a preliminary ruling – Intellectual property – Directive 2004/48/EC – Article 13(1) – Audiovisual work – Infringing activity – Damages – Rules for calculation – Lump sum – Moral prejudice – Inclusion)
C-99/15, [2016] EUECJ C-99/15
Bailii
Directive 2004/48/EC
European, Intellectual Property
Updated: 13 January 2022; Ref: scu.561956
Appeals Competition Market in beef and veal Agreement between national federations of farmers and slaughterers with the object of suspending imports of beef and veal and fixing a minimum purchase price Fines Regulation No 17 Article 15(2) Taking into account of the turnover of undertakings which are members of the federations
C-101/07, [2009] 4 CMLR 15
Bailii
European
Updated: 12 January 2022; Ref: scu.561466
ECJ Appeals – Competition – Market in beef and veal – Agreement between national federations of farmers and slaughterers with the object of suspending imports of beef and veal and fixing a minimum purchase price Fines Regulation No 17 Article 15(2) Taking into account of the turnover of undertakings which are members of the federations
[2008] EUECJ C-110/07
Bailii
Citing:
Opinion – Coop De France Betail and Viande v Commission C-110/07 ECJ 17-Apr-2008
ECJ Appeal Competition Article 81(1) EC Cartel Beef and veal Suspension of imports Fixing of a union price scale Fines Determination of legal maximum of fine Article 15(2) of Regulation No 17 Taking into account . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 12 January 2022; Ref: scu.561465
The Working Time Directive has direct application in the employment by an emanation of the state – a local authority, and an hourly paid part timer was entitled to four weeks paid holiday by the direct effect application of the Directive, and irrespective of any ambiguity or deficit in the implementing regulations.
Times 12-Feb-1999, Gazette 31-Mar-1999, [1999] UKEAT 526 – 98 – 0302
Bailii
Working Time Directive 93/104/EC OJ 1993 L307/18
England and Wales
Citing:
See Also – Gibson v East Riding Yorkshire Council EAT 3-Jul-1998
. .
Cited by:
Appeal from – East Riding of Yorkshire Council v Lorraine Gibson CA 21-Jun-2000
The European Directive which created rights for workers to minimum holidays, was not sufficiently precise to allow it to have direct effect, and so give rise to an individual’s right to sue an employer under its provisions directly. The Directive . .
Lists of cited by and citing cases may be incomplete.
Employment, European, Local Government
Updated: 12 January 2022; Ref: scu.80815
Area of Freedom, Security and Justice : Judicial Cooperation In Criminal Matters : Opinion – Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Surrender procedures between Member States – Conditions for execution – Reasons for optional non-execution – Article 4a(1) introduced by Framework Decision 2009/299/JHA – Arrest warrant issued for the purpose of executing a custodial sentence or a detention order – ‘Trial resulting in the decision’ – Person concerned having appeared in person at first instance – Appeal proceedings involving a re-examination of the substance of the case – Arrest warrant providing no information making it possible to check whether the rights of the defence of the person convicted were upheld during the appeal proceedings
C-270/17, [2017] EUECJ C-270/17, [2017] WLR(D) 575
WLRD, Bailii
European
Cited by:
Cited – Konecny v District Court In Brno-Venkov, Czech Republic SC 27-Feb-2019
K had been convicted and sentenced in his absence. His extradition was requested under an EAW which asserted that it was based upon an enforceable judgment, but that he had an unqualified right to be retried. He argued that the delay (since 2004 for . .
Lists of cited by and citing cases may be incomplete.
Extradition
Updated: 11 January 2022; Ref: scu.593573
ECJ Appeal – State aid – Article 87(1) EC – Emission trading scheme for nitrogen oxides – Classification of the national measure as State aid – Decision declaring aid to be compatible with the common market – Concept of selectivity – Advantage financed through State resources – Protection of the environment – Obligation to state the reasons for decision – Admissibility
[2011] EUECJ C-279/08, C-279/08, ECLI:EU:C:2011:551
Bailii
European
Citing:
Opinion – Commission v Netherlands (State Aid) ECJ 22-Dec-2010
ECJ Opinion – Appeal – Admissibility of the action at first instance – Action by a Member State against the Commission’s decision declaring that constitutes State aid compatible with the common market a national . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 10 January 2022; Ref: scu.560262
(Judgment)
C-314/14, [2016] EUECJ C-314/14
Bailii
European
European
Updated: 10 January 2022; Ref: scu.560133
ECJ (Judgment) References for a preliminary ruling – Admissibility – Dumping – Imports of footwear with uppers of leather originating in China and Vietnam – Validity of Regulation (EC) No 1472/2006 and Implementing Regulation (EU) No 1294/2009 – WTO Anti-Dumping Agreement – Regulation (EC) No 384/96 – Article 2(7) – Determination of dumping – Imports from non-market economy countries – Claims for market economy treatment – Time limit – Article 9(5) and (6) – Claims for individual treatment – Article 17 – Sampling – Article 3(1), (5) and (6), Article 4(1) and Article 5(4) – Cooperation of the Union industry – Article 3(2) and (7) – Determination of injury – Other known factors – Community Customs Code – Article 236(1) and (2) – Repayment of duties not legally owed – Time limit – Unforeseeable circumstances or force majeure – Invalidity of a regulation which imposed anti-dumping duties)
C-659/13, [2016] EUECJ C-659/13, ECLI:EU:C:2016:74
Bailii
European
European, Customs and Excise
Updated: 10 January 2022; Ref: scu.559532
ECJ Judgment : Second Chamber – Access to documents – Regulation (EC) No 1049/2001 – Draft impact assessment report, impact assessment report and opinion of the Impact Assessment Board – Refusal to grant access – Exception relating to the protection of the decision-making process – Duty to state reasons – Obligation to carry out a specific and individual examination – Overriding public interest
T-424/14, [2015] EUECJ T-424/14, ECLI:EU:T:2015:848
Bailii
Regulation (EC) No 1049/2001
European, Environment
Updated: 06 January 2022; Ref: scu.554849
ECJ Judgment – Community trade mark – Opposition proceedings – Community trade mark Matratzen Concord – Earlier national word mark MATRATZEN – Relative ground for refusal – Proof of use – Likelihood of confusion – Article 8, paragraph 1 b) and Article 42, paragraph 2 of Regulation (EC) No 207/2009
T-526/14, [2015] EUECJ T-526/14
Bailii
Regulation (EC) No 207/2009
European, Intellectual Property
Updated: 06 January 2022; Ref: scu.554860
(Order)
[2015] EUECJ C-530/14 – CO
Bailii
European
European
Updated: 06 January 2022; Ref: scu.554643
ECJ Judgment – Reference for a preliminary ruling – Legal protection of databases – Directive 96/9/EC – Article 1(2) – Scope – Databases – Topographic maps – Independence of materials constituting a database – Possibility of separating those materials without affecting the value of their informative content – Account taken of the purpose of a topographic map for the user
C-490/14, [2015] EUECJ C-490/14
Bailii
Directive 96/9/EC 1(2)
European, Intellectual Property
Updated: 05 January 2022; Ref: scu.554143
ECJ Judgment – Reference for a preliminary ruling – Value added tax – Directive 2006/112/EC – Article 13(1) – Treatment as a non-taxable person – Concept of ‘body governed by public law’ – Limited company which is responsible for the provision of services in respect of the planning and management of the health service of the Autonomous Region of the Azores – Determination of the detailed arrangements for those services, including their remuneration, in programme agreements concluded between that company and that region
C-174/14, [2015] EUECJ C-174/14
Bailii
European, VAT
Updated: 05 January 2022; Ref: scu.554142
ECJ Judgment – Failure to fulfill obligations – Freedom to provide services – Free movement of capital – Interest relating to claims not represented by securities – Withholding tax – such beneficial interests Investment Companies established in Belgium – Investment Companies beneficiaries of such established interests in another Member State or in a third State party to the EEA Agreement – Difference in treatment – Burden of proof – Interest relating to receivables represented by securities of Belgian origin – Imposition of such interests when the securities are registered or enrolled account with a financial institution established in another Member State or in a third State party to the EEA Agreement – Exemption when the securities are deposited or credited to an account with a financial institution established in Belgium
C-589/14, [2015] EUECJ C-589/14
Bailii
European
Updated: 05 January 2022; Ref: scu.554130
ECJ Judgment- Financial aid – Sixth framework research, technological development and demonstration – Recovery of sums paid by the Commission in the framework of a research contract application of the findings of a financial audit – Compensation Claims – Partial Reclassification the action – Application for a declaration that the lack of a contractual claim – Arbitration clause – Eligible costs – Unjust enrichment – Obligation to state reasons
T-216/12, [2015] EUECJ T-216/12, ECLI:EU:T:2015:746
Bailii
European
European
Updated: 04 January 2022; Ref: scu.553108
ECJ (Judgment) Appeals – Agriculture – Common organisation of the markets – Fruit and vegetable sector – Regulation (EC) No 1580/2007 – Article 52(2a) – Implementing Regulation (EU) No 543/2011 – Articles 50(3) and 60(7) – Aid to producer organisations – Products processed from fruit and vegetables – Flat rate covering certain processing operations – Eligibility of investments and actions connected with the processing – Actions for annulment – Admissibility – Whether directly concerned)
C-455/13, [2015] EUECJ C-455/13, ECLI:EU:C:2015:616
Bailii
European
Updated: 04 January 2022; Ref: scu.552662
ECJ Judgment – Foreign policy and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Obligation to state reasons – Rights of the defense – Right to effective judicial protection – Error clear assessment – Proportionality – Right to property – Modulation effects in time of cancellation
T-121/13, [2015] EUECJ T-121/13, ECLI:EU T:2015 645
Bailii
European
European
Updated: 04 January 2022; Ref: scu.552678
The Court was asked two questions, first as to its jurisdiction according to the meaning of an ‘EEA Decision’ within the 2006 Regulations, and second as to the position under the Directive of a child who is a third country national but has been placed in the legal guardianship of European Union citizens under the Islamic ‘kefalah’ system in her own country.
Held: The Court had jurisdiction to hear the matter but referred three questions to the European Court of Justice.
S would fall within article 3.2(a) if she does not fall within article 2.2(c). The 2006 Regulations have caused confusion by introducing the word ‘relative’ which nowhere appears in article 3.2(a). ‘Family member’ is a wider term than ‘relative’ as it is well capable of including people who are not related by consanguinity or affinity. All that is required is that the person (i) falls within the broad concept of ‘family member’; (ii) was either a dependant or a member of the household of the Union citizen; and (iii) that dependency or household membership was in the country from which the person has or would come. A child for whom the Union citizen has parental responsibility under the law of the child’s country of origin is clearly capable of being regarded as a family member; S was both a dependant and a member of the household of Mr and Mrs M; and this was in Algeria, the country from which she would be coming to this country.
‘If some member states recognise ‘kefalah’ children as direct descendants but others do not, this clearly places barriers to free movement for those European Union citizens who have such children. It also discriminates against those who, for religious or cultural reasons, are unable to accept the concept of adoption as it is understood in the UK and some other European countries, that is, as the complete transfer of a child from one family and lineage to another. On the other hand, the fact that the term ‘direct descendant’ may have an autonomous meaning does not necessarily entail that it should have a broad meaning.
We therefore cannot consider it acte clair that a child in Susana’s position is not to be regarded as a direct descendant of her guardians for the purpose of article 2.2(c). At the same time, we are concerned that such an interpretation could, in some cases, create opportunities for exploitation, abuse and trafficking in children, which it was the object of the Hague Convention to prevent and deter. We are also concerned that an automatic right of entry for ‘kefalah’ children might lead to some of them being placed in homes which domestically would have been rejected as unsuitable.’
Lady Hale, President, Lord Kerr, Lord Wilson, Lord Reed, Lord Hughes
[2018] UKSC 9, [2018] 1 WLR 1035, [2018] 3 All ER 177, [2018] INLR 368, [2018] WLR(D) 91, UKSC 2015/0243
Bailii, Bailii Summary, WLRD, SC, SC Summary,
Immigration (European Economic Area) Regulations 2006 (SI 2006/1003), Council Directive 2004/38/EC, Adoption and Children Act 2002 83, Adoption with a Foreign Element Regulations 2005
England and Wales
Citing:
At AIT – IM240192005 (Unreported) AIT 12-Feb-2007
Reconsideration of the appeal of the appellant, a citizen of India, against the decision of the respondent on 12 March 2004 refusing her entry clearance to the United Kingdom as an adoptive child.
Held: The case was ordered to be reviewed. . .
Cited – MN (India) v Entry Clearance Officer (New Delhi) v Secretary of State for the Home Department CA 5-Feb-2008
The Court set out four avenues for entry to the UK provided by the Rules in respect of a child adopted or intended to be adopted from abroad. . .
Appal from (CA) – SM (Algeria) v Entry Clearance Officer, UK Visa Section CA 4-Nov-2015
The Entry Clearance Officer appealed from a decision that a child assigned to be under guardianship under the Islamic ‘kefalah’ system in her own country was to be treated on the basis that she did fall within the definition of ‘extended family . .
Cited – Secretary of State for The Home Department v Islam and Another ECJ 5-Sep-2012
ECJ Directive 2004/38/EC – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Article 3(2) – Obligation to facilitate, in accordance with . .
Cited – Sala (EFMS: Right of Appeal : Albania) UTIAC 19-Aug-2016
UTIAC There is no statutory right of appeal against the decision of the Secretary of State not to grant a Residence Card to a person claiming to be an Extended Family Member. Because decisions concerning . .
Cited – Coman and Others v Inspectoratul General Pentru Imigrari and Others ECJ 11-Jan-2018
(Opinion) Reference for a preliminary ruling – Citizenship of the Union – Directive 2004/38/EC – Article 2(2)(a) – Concept of ‘spouse’ – Right of citizens of the Union to move and reside within the territory of the Union – Marriage between persons . .
Cited – Khan v Secretary of State for The Home Department and Another CA 9-Nov-2017
The Secretary of State had refused to grant a residence card to the Pakistani nephew of a German national. The Court was asked whether there is jurisdiction for the First-tier Tribunal to hear an appeal from a refusal by the Secretary of State for . .
ECJ decision awaited – Banger (Unmarried Partner of British National : South Africa) UTIAC 30-Mar-2017
The Upper Tribunal has referred the following questions to the CJEU for a preliminary ruling under Article 267 TFEU:
(1) Do the principles contained in the decision in Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State . .
Lists of cited by and citing cases may be incomplete.
Immigration, European, Children, Adoption
Updated: 04 January 2022; Ref: scu.604792
Judgment Failure of a Member State to fulfill obligations – State aid – Aid declared unlawful and incompatible with the internal market – Obligation to recover – Obligation to provide information – Non-implementation – Defenses – Absolute impossibility of enforcement
ECLI:EU:C:2017:845, [2017] EUECJ C-481/16
Bailii
European
European
Updated: 04 January 2022; Ref: scu.599671
ECJ Judgment – Reference for a preliminary ruling – VAT – Sixth Council Directive 77/388/EEC – Article 17 – Right to deduction – Partial deduction – VAT paid by holding companies for the acquisition of capital invested in their subsidiaries – Services supplied to subsidiaries – Subsidiaries constituted in the form of partnerships – Article 4 – Establishment of a group of persons capable of being regarded as a single taxable person – Conditions – Need for a relationship of subordination – Direct effect
C-108/14, [2015] EUECJ C-108/14, ECLI:EU:C:2015:496
Bailii
Sixth Council Directive 77/388/EEC 817
European, VAT
Updated: 03 January 2022; Ref: scu.550990
The claimant commenced an action here after suffering injury whilst in Egypt on an excursion organised under the control of the defendant. The defendant denied jurisdiction as regards the damage suffered.
Held: The defendant’s appeal was allowed in part. The use of the word ‘damage’ in the Regulation could not be relied upon to create a false distinction between ‘any damage’ and ‘the direct damage’.
Arden, Bean, King LJJ
[2015] EWCA Civ 665, [2015] 2 CLC 151, [2015] CP Rep 40, [2016] PIQR P2, [2015] WLR(D) 292, [2016] 1 WLR 1814
Bailii, WLRD
Council Regulation (EC) No 864/2007, Civil Procedure Rules 6, Law Reform (Miscellaneous Provisions) Act 1934
England and Wales
Cited by:
At CA – Four Seasons Holdings Incorporated v Brownlie SC 19-Dec-2017
The claimant and her family were in a car crash while on holiday in Egypt. The claimant’s husband and his daughter died. The holiday had been booked in England and the car excursion booked in advance from England. The hotel operator was incorporated . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction, European, Personal Injury, Torts – Other, Civil Procedure Rules
Updated: 01 January 2022; Ref: scu.549764
ECJ Judgment – Appeal – Public service – Officials – Findings of the Impartiality of Public Service – Application for recusal of a judge – Reassignment – Interest of the service – Rule of correspondence between grade and post – Article 7, paragraph 1 of the Statute – Disciplinary proceedings – Rights of the defense
ECLI: EU: T : 2015: 393, T-88/13, [2015] EUECJ T-88/13
Bailii
European
Updated: 01 January 2022; Ref: scu.549243
ECJ Judgment – EAGGF – Guarantee Section – EAGF and EAFRD – Expenditure excluded from financing – Public storage of sugar – Increase in expenses related to rent warehouses – Annual Stocks Survey – Physical inspections of places of storage – Legal certainty – Legitimate expectations – Proportionality – Obligation to state reasons – Existence of a risk of financial loss for funds – Effectiveness
H. Kanninen, P
ECLI:EU:T:2015:394, T-358/11, [2015] EUECJ T-358/11
Bailii
European
Updated: 01 January 2022; Ref: scu.549241
ECJ Judgment – Reference for a preliminary ruling – Freedom to provide services – Directive 96/71/EC – Article 1(3)( a) and (c) – Posting of workers – Hiring out of workers – Act of Accession of 2003 – Chapter 1, paragraphs 2 and 13 of Annexe X – Transitional measures – Access of Hungarian nationals to the labour market of States already members of the European Union at the date of accession to the European Union of the Republic of Hungary – Requirement of a work permit for the hiring out of workers – Non-sensitive sectors
L. Bay Larsen, P
C-586/13, [2015] EUECJ C-586/13, ECLI:EU:C:2015:405
Bailii
Directive 96/71/EC 1(3)(a)
European
Updated: 01 January 2022; Ref: scu.549237
ECJ Judgment – Appeal – Common foreign and security policy – Restrictive measures taken against the Republic of Belarus – Admissibility – Time-limit for bringing proceedings – Legal aid – Suspensory effect – Effective judicial protection – Rights of the defence – Principle of proportionality
T. von Danwitz, P
C-535/14, [2015] EUECJ C-535/14, ECLI:EU:C:2015:407
Bailii
European
Updated: 01 January 2022; Ref: scu.549235
ECJ Judgment – Action for annulment – Directive 2013/34/EU – Obligations on some forms of undertakings in relation to financial statements – Principles of subsidiarity and proportionality – Obligation to state reasons
R. Silva de Lapuerta, P
C-508/13, [2015] EUECJ C-508/13, ECLI:EU:C:2015:403
Bailii
Directive 2013/34/EU
European
Updated: 01 January 2022; Ref: scu.549234
ECJ Judgment – Appeals – Competition – Rail transport and ancillary services sector – Abuse of dominant position – Regulation (EC) No 1/2003 – Articles 20 and 28(1) – Administrative procedure – Decision ordering an inspection – Commission’s powers of inspection – Fundamental right to the inviolability of the home – No prior judicial authorisation – Effective judicial review – Fortuitous discovery
R. Silva de Lapuerta, P
C-583/13, [2015] EUECJ C-583/13, ECLI:EU:C:2015:404
Bailii
Regulation (EC) No 1/2003 20 28(1)
European
Updated: 01 January 2022; Ref: scu.549233
ECJ Judgment – Public service – Officials – Disciplinary measure – Termination – official hearing Absence concerned by the appointing authority – Failure to respect the right to be heard
E. Perillo (Rapporteur), acting as P
F-5/14, [2015] EUECJ F-5/14, ECLI:EU:F:2015:61
Bailii
European
Updated: 01 January 2022; Ref: scu.549232
Judgment – Public service – Disciplinary proceedings – role and respective competencies of the Disciplinary Board and the appointing authority – Disciplinary measure – Downgrading followed by a promotion decision – Proportionality of the penalty
F-27/13, [2015] EUECJ F-27/13, ECLI: EU: F: 2015: 60
Bailii
European
Updated: 01 January 2022; Ref: scu.549231
Order – Interim measures – Public works contracts – Tender procedure – Construction of a power plant – Rejection of a tender and awarding the contract to another tenderer – Application for stay of execution – Failure emergency
T-259/15, [2015] EUECJ T-259/15 – CO, [2019] EUECJ T-259/15
Bailii, Bailii
European
Updated: 01 January 2022; Ref: scu.549108
ECJ Judgment – Community trade mark – Opposition proceedings – Figurative Community trade mark GO – GO Earlier Community figurative mark – Relative ground for refusal – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009
T-60/14, [2015] EUECJ T-60/14, ECLI: EU: T: 2015 390
Bailii
Regulation (EC) No 207/2009 8.1(b)
European, Intellectual Property
Updated: 01 January 2022; Ref: scu.549107
Judgment – Request for a preliminary ruling – Articles 49 TFEU, 51 TFEU and 56 TFEU – Freedom of establishment – Connection with the exercise of official authority – Directive 2006/123/EC – Article 14 – Bodies responsible for verifying and certifying that undertakings carrying out public works comply with the conditions laid down by law – National legislation providing that the registered office of such bodies must be situated in Italy
C-593/13, [2015] EUECJ C-593/13, ECLI:EU:C:2015:399
Bailii
Directive 2006/123/EC
European
Updated: 01 January 2022; Ref: scu.549061
ECJ Judgment – Community trade mark – Invalidity proceedings – Community word mark ‘LLRG5’ – Absolute ground for refusal – Bad faith on the part of the Community trade mark proprietor – Article 52(1)(b) of Regulation (EC) No 207/2009
T-306/13, [2015] EUECJ T-306/13, ECLI:EU:T:2015:382
Bailii
Regulation (EC) No 207/2009 52(1)(b)
European, Intellectual Property
Updated: 01 January 2022; Ref: scu.549062
ECJ Judgment – EAGGF – Guarantee Section – EAGF and EAFRD – Expenditure excluded from financing – Failures in the identification system for agricultural parcels and the Geographical Information System (LPIS-GIS) in carrying out spot checks and the calculation of penalties (financial years 2005 to 2007)
T-3/11, [2015] EUECJ T-3/11, ECLI: EU: T: 2015 388
Bailii
European
Updated: 01 January 2022; Ref: scu.549060
ECJ Judgment – Community trade mark – Opposition proceedings – Community trade mark Yorma Eberl – Earlier Community and national brands NORMA related -Motifs for refusal – No likelihood of confusion – Article 8, paragraph 1 b) and Article 8 paragraph 4 of Regulation (EC) No 207/2009
Frimodt S. Nielsen, P
ECLI: EU: T: 2015: 384, T-229/14, [2015] EUECJ T-229/14
Bailii
Regulation (EC) No 207/2009
European, Intellectual Property
Updated: 01 January 2022; Ref: scu.549058
(Judgment) Community trade mark – Opposition proceedings – Application for Community word mark POLYTETRAFLON – Earlier Community word mark TEFLON – No genuine use of the earlier mark – Article 42(2) and (3) of Regulation (EC) No 207/2009 – Final product incorporating a component – Use of the earlier mark in respect of the final products of third parties – Duty to state reasons
H. Kanninen, P
T-660/11, [2015] EUECJ T-660/11, ECLI:EU:T:2015:387
Bailii
Regulation (EC) No 207/2009
European, Intellectual Property
Updated: 01 January 2022; Ref: scu.549059
Protocol No 2 to the Act of Accession of Spain and Portugal – Canary Islands – Customs territory of the Community – Processed agricultural products – Exemption from customs duties – Article 5 of Regulation (EEC) No 3033/80 – Variable component.
C-300/94, [1996] EUECJ C-300/94
Bailii
European
Customs and Excise
Updated: 01 January 2022; Ref: scu.161461
(Judgment) Member States – Obligations – Implementation of directives – Failure to fulfil obligations not contested
[1996] EUECJ C-239/94
Bailii
European
European
Updated: 01 January 2022; Ref: scu.161419
(Judgment) Freedom of movement for persons – Freedom of establishment – Freedom to provide services – Activities in the field of pharmacy – Directive 85/432 – Implementation by Member States – Time-limit – Postponement by a Member State of the entry into force of new university curricula depriving some qualified persons of the benefit of the mutual recognition of qualifications – Not permissible
(Council Directive 85/432, Arts 1, 2 and 5)
A Member State which, by adopting out of time provisions to implement Directive 85/432 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of certain activities in the field of pharmacy, postpones the time-limit laid down therein for the entry into force of new training curricula meeting the requirements of the directive, with the result that students will follow a course of study whose failure to comply with those requirements precludes the mutual recognition of their qualifications, whereas the belated implementation of the directive does not automatically entail such effects because an additional training programme could have been organized for those students who had commenced their studies after the expiry of the time-limit for transposition but before actual transposition, fails to fulfil its obligations under that directive and particularly under Articles 1, 2 and 5 thereof.
[1996] EUECJ C-307/94
Bailii
European
Health Professions
Updated: 01 January 2022; Ref: scu.161467
ECJ Judgment – Reference for a preliminary ruling – Protection of the financial interests of the European Union – Regulation (EC, Euratom) No 2988/95 – Article 3(1) – Limitation period – Dies a quo – Repeated irregularities – Interruption of the limitation period – Conditions – Competent authority – Person in question – Act relating to investigation or legal proceedings concerning the irregularity – Time-limit equal to twice the limitation period
L. Bay Larsen, P
C-52/14, [2015] EUECJ C-52/14, ECLI:EU:C:2015:381
Bailii
European
Updated: 30 December 2021; Ref: scu.548126
ECJ Judgment – Community trade mark – Opposition proceedings – Application for figurative mark 42 VODKA VODKA Jemna VYRABENA JEDINECNOU technologii 42% vol. – Earlier international figurative mark 42 BELOW – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009
T-607/13, [2015] EUECJ T-607/13
Bailii
England and Wales
European, Intellectual Property
Updated: 30 December 2021; Ref: scu.546900
ECJ Judgment – Reference for a preliminary ruling – Social policy – Collective redundancies – Directive 98/59/EC – Meaning of ‘establishment’ – Method of calculating the number of workers made redundant
T. von Danwitz, P
C-392/13, [2015] EUECJ C-392/13, ECLI:EU:C:2015:318
Bailii
Directive 98/59/EC
European, Employment
Updated: 30 December 2021; Ref: scu.546608
The applicant had challenged the failure by the governement to secure appropriate air quality standards. The question had earlier been referred to the ECJ, and the Court now considered the appropriate orders following the ECJ judgment.
Held: The appal was allowed, amd andatory orders were made requiring the Secretary of State to prepare new air quality plans under article 23(1), in accordance with a defined timetable, to end with delivery of the revised plans to the Commission not later than 31 December 2015.
Lord Neuberger, President, Lord Mance, Lord Clarke, Lord Sumption, Lord Carnwath
[2015] UKSC 28, UKSC 2012/0179
Bailii, Bailii Summary, SC, SC Summary
Directive 2008/50/EC
England and Wales
Citing:
Appeal from – Clientearth, Regina (on The Application of) v Secretary of State for Environment, Food and Rural Affairs CA 30-May-2012
The claimant appealed against refusal of its request for declaratory relief, the respondent having admitted failing to implement the Directive on the control of nitrogen dioxide.
Held: The appeal failed. The judge had been correct that the . .
At First Instance – Clientearth, Regina (on The Application of) v Secretary of State for The Environment, Food and Rural Affairs Admn 13-Dec-2011
The claimant sought declaratory and mandatory orders in respect of the Government’s failure to comply with emission limits set by Directive 2008/50/EC of the European Parliament and Council of 21 May 2008. Article 13 of that Directive required . .
See Also – Clientearth, Regina (on The Application of) v The Secretary of State for The Environment, Food and Rural Affairs SC 1-May-2013
The court gave its reasons for referring to the ECJ, the question asked of it, as to the failure of the respondent to ensure compliance with the EU Directive on Nitrogen dioxide control, and the consequential orders. However, a declaration was . .
At ECJ – Clientearth v The Secretary of State For The Environment, Food And Rural Affairs ECJ 19-Nov-2014
ECJ Reference for a preliminary ruling – Environment – Air quality – Directive 2008/50/EC – Limit values for nitrogen dioxide – Obligation to apply for postponement of the deadline by submitting an air quality . .
Cited – Commission v United Kingdom (Judgment) ECJ 14-Jul-1993
ECJ 1. A Member State which is bound to implement a directive is not entitled to draw the inference from the Commission’ s initial failure to react to a communication addressed to it regarding the manner in which . .
Lists of cited by and citing cases may be incomplete.
European, Environment
Updated: 29 December 2021; Ref: scu.546148
ECJ (Working Document) Community trade mark – forfeiture proceedings – Community word mark ARKTIS -Usage seriousness of the mark – Article 51, paragraph 1 a) of Regulation (EC) No 207/2009 – Form of use of the mark – Proof usage for registered products – Consent of the trade mark owner
Frimodt S. Nielsen, P
T-258/13, [2015] EUECJ T-258/13, ECLI : EU: T: 2015 207
Bailii
Regulation (EC) No 207/2009
European, Intellectual Property
Updated: 29 December 2021; Ref: scu.545447
European Union Law : Council Regulations 1408/71/EEC and (EC) 883/2004
[2014] UKUT 571 (AAC)
Bailii
England and Wales
Benefits, European
Updated: 29 December 2021; Ref: scu.544772
European Union Law : Council Regulations 1408/71/Eec and (Ec) 883/2004
[2014] UKUT 544 (AAC)
Bailii
England and Wales
Benefits, European
Updated: 29 December 2021; Ref: scu.544768
This judgment concerns the terms of the confidentiality order which the court should make when directing the defendants to give disclosure in the present proceedings of the decision adopted by the European Commission
Henderson J
[2015] EWHC 647 (Ch)
Bailii
England and Wales
Litigation Practice, European
Updated: 28 December 2021; Ref: scu.544267
ECJ Directive 96/9/EC – Legal protection of databases – Article 7 – Sui generis right – Database relating to football league matches in progress – Concept of re-utilisation – Localisation of the act of re-utilisation
R. Silva de Lapuerta, acting as P
[2012] EUECJ C-173/11, ECLI:EU:C:2012:642, [2013] FSR 4
Bailii
Directive 96/9/EC
Citing:
Opinion – Football Dataco Ltd and Others v Sportradar Gmbh and Another ECJ 21-Jun-2012
ECJ (Opinion) Directive 96/9/EC – Legal protection of databases – Concepts of extraction and re-utilisation – Location of the act of re-utilisation . .
Lists of cited by and citing cases may be incomplete.
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.542507
ECJ The fact that work paid at time rates is remunerated at an hourly rate which varies according to the number of hours worked per week does not offend against the principle of equal pay laid down in article 119 of the Treaty in so far as the difference in pay between part-time work and full-time work is attributable to factors which are objectively justified and are in no way related to any discrimination based on sex. It is for the national courts to decide in each individual case whether, regard being had to the facts of the case, its history and the employer’s intention, a pay policy represented as a difference based on weekly working hours is or is not in reality discrimination based on the sex of the worker. Therefore a difference in pay between full-time workers and part-time workers does not amount to discrimination prohibited by article 119 of the Treaty unless it is in reality merely an indirect way of reducing the level of pay of part-time workers on the ground that that group of workers is composed exclusively or predominantly of women. Article 119 of the treaty applies directly to all forms of discrimination which may be identified solely with the aid of criteria of equal work and equal pay referred to by the article in question, without national or community measures being required to define them with greater precision in order to permit of their application. The forms of discrimination which may be thus judicially identified include cases where men and women receive unequal pay for equal work carried out in the same establishment or service, public or private. Where the national court is able, using the criteria of equal work and equal pay, without the operation of community or national measures, to establish that the payment of lower hourly rates of remuneration for part-time work than for full-time work represents discrimination based on difference of sex the provisions of article 119 of the treaty apply directly to such a situation. Article 1 of Council Directive 75/117/EEC which is principally designed to facilitate the practical application of the principle of equal pay outlined in article 119 of the treaty in no way alters the content or scope of that principle as defined in the Treaty.
Advocate-General Warner
C-96/80, [1981] 1 WLR 972, [1981] ICR 592, R-96/80, [1981] EUECJ R-96/80, [1981] IRLR 228 (ECJ), [1981] ECR 911
Bailii
Council Directive 75/117/EEC
European
Citing:
Cited – Griggs v Duke Power Company 1971
(US) The court examined the arguments relating to indirect discrimination. . .
Cited by:
Mentioned – Pickstone v Freemans Plc HL 30-Jun-1988
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim . .
Cited – Brunnhofer v Bank der Osterreichischen Postparkasse AG ECJ 26-Jun-2001
Europa Equal pay for men and women – Conditions of application – Difference in pay – Definition of ‘the same work and ‘work of equal value – Classification, under a collective agreement, in the same job category . .
See Also – Bilka-Kaufhaus v Webers Von Hartz ECJ 13-May-1986
ECJ An occupational pension scheme which, although established in accordance with statutory provisions, is based on an agreement between the employer and employee representatives constitutes an integral part of . .
Cited – Secretary of State for Trade and Industry v Rutherford and others HL 3-May-2006
The claimant sought to establish that as a male employee, he had suffered sex discrimination in that he lost rights to redundancy pay after the age of retirement where a woman might not.
Held: The appeal was dismised. There were very few . .
Cited – J P Jenkins v Kingsgate (Clothing Productions) Ltd EAT 19-Jun-1981
The claimant worked part time. She said that she should have been paid at the same rate as her male full time equivalents, the failure being incompatible with her rights under Article 119.
Held: The scope of Article 119 EEC covers not only . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 27 December 2021; Ref: scu.133030
ECJ Citizenship of the Union Articles 18 and 21 TFEU Directive 2004/38/EC Article 24(1) Freedom to reside Principle of non-discrimination Access to higher education Nationals of a Member State moving to another Member State in order to pursue studies there Restriction on enrolment by non-resident students for university courses in the public health field Justification Proportionality Risk to the quality of education in medical and paramedical matters Risk of shortage of graduates in the public health sectors
Advocate General Sharpston said: ‘I take there to be direct discrimination when the category of those receiving a certain advantage and the category of those suffering a correlative disadvantage coincide exactly with the respective categories of persons distinguished only by applying a prohibited classification.’
V Skouris, P
[2010] EUECJ C-73/08, [2011] CEC 80, [2010] 3 CMLR 20
Bailii
European
Citing:
Opinion – Bressol and Others, Chaverot and Others v Gouvernement de la Communaute francaise ECJ 25-Jun-2009
ECJ Opinion – Free Movement of Persons – Higher education Public health Numerus clausus Residence requirement Equal treatment Principle of non’discrimination Justifications
Sharpston AG said: ‘I take there . .
Cited by:
Cited – Taiwo and Another v Olaigbe and Others SC 22-Jun-2016
The claimants had been brought here illegally to act as servants for the defendants. They were taken advantage of and abused. They made several claims, but now appealed against rejection of their claims for discrimination. The court was asked . .
Lists of cited by and citing cases may be incomplete.
Discrimination
Updated: 24 December 2021; Ref: scu.540513
Judgment – Competition – Agreements – paraffin waxes market – Decision finding an infringement of Article 81 EC – Price fixing – Proof of the infringement – Guidelines for calculating the amount of fines 2006 – Reference period – Calculation the value of sales – Gravity of the infringement – Concentration during the period of the infringement – Equal treatment – Proportionality
T-551/08, [2014] EUECJ T-551/08
Bailii
European
European, Commercial
Updated: 24 December 2021; Ref: scu.539902
Application to contest jurisdiction is mainly about Article 5(1) of Council Regulation (EC) 44/2001
[2014] EWHC 3810 (Comm), [2015] Bus LR 578, [2015] ILPr 8
Bailii
England and Wales
European, Jurisdiction
Updated: 24 December 2021; Ref: scu.539344
ECJ Judgment – Public service contracts – Tender procedure – Provision of IT services related to document management system and a corporate Intranet portal – Rejection of a tender – Obligation to state reasons – Equal treatment – Transparency – Proportionality – Non-contractual liability
T-40/12, [2014] EUECJ T-40/12, ECLI: EU: T: 2014 972
Bailii
European
European
Updated: 23 December 2021; Ref: scu.538956
ECJ Judgment – Public service – Referral to the Court after annulment – Staff EIB – Annual assessment – Internal Regulations – Appeals procedure – Right to be heard – Failure by the Appeals Committee – Illegality of the decision of the Appeals Committee – Prejudice – No need to approve the claims for compensation
F-59/09, [2014] EUECJ F-59/09
Bailii
European
Updated: 23 December 2021; Ref: scu.538954
ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community word mark FUNNY BANDS – Earlier national trade name FUNNY BANDS – Earlier national Internet domain name ‘www.funny-bands.com’ – Relative ground for refusal – Article 8(4) of Regulation (EC) No 207/2009 – Use of a sign in the course of trade of more than mere local significance – Article 76(2) of Regulation No 207/2009 – Rejection of the opposition
A. Dittrich (Rapporteur), P
T-344/13, [2014] EUECJ T-344/13, ECLI:EU:T:2014:974
Bailii
Regulation (EC) No 207/2009 76(2)
European, Intellectual Property
Updated: 23 December 2021; Ref: scu.538961
ECJ Judgment – Reference for a preliminary ruling – Customs union and Common Customs Tariff – Importation free of customs duties – Animals specially prepared for laboratory use – Public establishment or an authorised private establishment – Importer whose customers are such establishments – Packing materials or packing containers – Cages used for transportation of animals
A. O Caoimh, P
C-40/14, [2014] EUECJ C-40/14, ECLI:EU:C:2014:2389
Bailii
European, Customs and Excise
Updated: 23 December 2021; Ref: scu.538963
ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Article 4(2), third indent – Final audit reports carried out on the ECDC by the Commission’s Internal Audit Service – Refusal of access – Obligation to state reasons – Obligation to undertake a concrete, individual examination – Overriding public interest
A. Dittrich, P
T-223/12, [2014] EUECJ T-223/12, ECLI:EU:T:2014:975
Bailii
Regulation (EC) No 1049/2001 4(2)
European
Updated: 23 December 2021; Ref: scu.538960