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 – Approximation of laws on animal health – Regulation (EC) No 2073/2005 – Annex I – Microbiological criteria applicable to foodstuffs – Salmonella in fresh poultry meat – Failure to comply with microbiological criteria found at the distribution stage – National legislation imposing a penalty on a food business operator active only at the stage of retail sale – Compatibility with EU law – Effective, dissuasive and proportionate nature of the penalty
L. Bay Larsen (Rapporteur), P
C-443/13, [2014] EUECJ C-443/13, ECLI:EU:C:2014:2370,
Bailii
Regulation (EC) No 2073/2005
European
Updated: 23 December 2021; Ref: scu.538885
ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark Electrolinera – Earlier national word mark Electrolinera – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207 / 2009
S. Papasavvas, P
T-308/13, [2014] EUECJ T-308/13
Bailii
Regulation (EC) No 207/2009 8(1)(b)
European, Intellectual Property
Updated: 23 December 2021; Ref: scu.538886
ECJ Judgment – Community trade mark – Invalidity proceedings – Community word mark VOODOO – Absolute grounds for refusal – Lack of distinctive character – Distinctive character – Article 7, paragraph 1, b) and c) of Regulation (EC) No 207/2009 – Bad Faith – Article 52, paragraph 1 b) of Regulation No 207/2009
H. Kanninen (Rapporteur), P
T-50/13, [2014] EUECJ T-50/13
Bailii
Regulation (EC) No 207/2009
European, Intellectual Property
Updated: 23 December 2021; Ref: scu.538887
ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark EuroSky – Earlier Community word mark SKY – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009
H. Kanninen, P
T-510/12, [2014] EUECJ T-510/12, ECLI: EU: T: 2014 966
Bailii
Regulation (EC) No 207/2009
European, Intellectual Property
Updated: 23 December 2021; Ref: scu.538882
ECJ Judgment – Community trade mark – Application for Community word mark THE YOUTH EXPERTS – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 – Extent of the examination to be carried out by the Board of Appeal – Examination as to the merits conditional on the admissibility of the action – First sentence of Article 59 of Regulation No 207/2009
S. Papasavvas, P
T-484/13, [2014] EUECJ T-484/13, ECLI:EU:T:2014:963
Bailii
Regulation (EC) No 207/2009 7(1)(b)
European, Intellectual Property
Updated: 23 December 2021; Ref: scu.538883
ECJ Judgment – Dumping – Imports of ceramic tableware and kitchenware originating in the People’s Republic of China – Definitive anti-dumping duty – Definition of the product concerned
S. Papasavvas (Rapporteur), P
T-394/13, [2014] EUECJ T-394/13, ECLI:EU:T:2014:964
Bailii
European, Commercial
Updated: 23 December 2021; Ref: scu.538884
ECJ Judgment – Foreign policy and security policy – Restrictive measures against Syria – Freezing of funds – Action for annulment – Time for appealing – Partial inadmissibility – Interest in bringing proceedings – Burden of proof – Modulation over time effects ‘cancellation’
M. van der Woude, P
T-654/11, [2014] EUECJ T-654/11, ECLI: EU: T: 2014: 947
Bailii
European
Updated: 23 December 2021; Ref: scu.538761
Application for permission to bring a claim for judicial review of a proposed decision by Her Majesty’s Government to give notice pursuant to Article 10(5) of Protocol 36 to the Treaty on the Functioning of the European Union (‘The TFEU’) that the United Kingdom wishes to participate in the Council Framework Decision on the European Arrest Warrant (‘EAW’).
Sir Brian Leveson P QBD, Jay, Lewis JJ
[2014] EWHC 3815 (Admin)
Bailii
Extradition, European
Updated: 23 December 2021; Ref: scu.538783
ECJ Judgment – Public Service – Selection procedure and appointment of the executive director of a regulatory agency – European Medicines Agency (EMA) – Selection process in two phases – Screening within the Commission – Appointment by the Board of Directors EMA – Obligation for the board of directors of the EMA to select the Executive Director from the candidates by the Commission – Action for annulment – Composition of the selection committee – Accumulated duties as member of selection committee and member Board EMA – Candidates Board of Directors of the EMA on the list of candidates selected by the Commission – Appointment of a candidate member of the board of the EMA – Duty of impartiality – Breach – Cancellation – Action for damages – detachable moral shame of illegality based cancellation – Evidence – Absence
F-2/12, [2014] EUECJ F-2/12, ECLI: EU: F: 2014 245
Bailii
European
Updated: 23 December 2021; Ref: scu.538759
ECJ Judgment – Foreign policy and security policy – Restrictive measures against Syria – Freezing of funds – Action for annulment – Time for appealing – Partial inadmissibility – Interest in bringing proceedings – Burden of proof – Modulation over time effects ‘cancellation’
T-653/11, [2014] EUECJ T-653/11, ECLI: EU: T: 2014: 948
Bailii
European
Updated: 23 December 2021; Ref: scu.538760
ECJ Judgment – Foreign policy and security policy – Restrictive measures against Syria – Freezing of funds – Action for annulment – Time for appealing – Partial inadmissibility – Interest in bringing proceedings – Burden of proof – Modulation over time effects ‘cancellation’
T-43/12, [2014] EUECJ T-43/12
Bailii
European
Updated: 23 December 2021; Ref: scu.538758
ECJ Judgment – Agriculture – Common organization of the markets – Sector fruits and vegetables – Citrus – Action for annulment – Confirmatory act – substantial new facts – Admissibility – Conditions marketing – Provisions concerning marking – Indications preservatives or other chemicals used in post-harvest treatment – Recommendations on standards adopted within the framework of the United Nations Economic Commission for Europe
Gratsias MD (Rapporteur), P
T-481/11, [2014] EUECJ T-481/11
Bailii
European, Agriculture
Updated: 23 December 2021; Ref: scu.538766
ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community word mark natur – Earlier application for the figurative mark natura – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009
M. van der Woude, P
T-549/10, [2014] EUECJ T-549/10, ECLI:EU:T:2014:949
Bailii
Regulation (EC) No 207/2009 8(1)(b)
European, Intellectual Property
Updated: 23 December 2021; Ref: scu.538765
ECJ Judgment – Civil service – Staff of the EEAS – Temporary staff – Head of Delegation in a third country – Early Termination of appointment of Head of Delegation – Transfer to the EEAS headquarters – Rights of the defense – Interests of the service – Motivation
F-78/13, [2014] EUECJ F-78/13, ECLI: EU: F: 2014: 246
Bailii
European
Updated: 23 December 2021; Ref: scu.538757
ECJ Appeal – State aid – Exemption of a pension fund from the obligation to pay a contribution to a pension protection fund in respect of certain employees – Selective nature of the measure
C-620/13, [2014] EUECJ C-620/13, ECLI:EU:C:2014:2309
Bailii
European
Updated: 22 December 2021; Ref: scu.537951
ECJ Community trade mark – Opposition proceedings – Application for the Community word mark United Autoglas – Earlier national figurative mark AUTOGLASS – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009
A. Dittrich (Rapporteur), P
T-297/13, [2014] EUECJ T-297/13, ECLI:EU:T:2014:893
Bailii
European
Cited by:
Cited – Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others SC 13-May-2015
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts . .
Lists of cited by and citing cases may be incomplete.
European, Intellectual Property
Updated: 22 December 2021; Ref: scu.537695
ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Administrative Record and final – Commission decision concerning a cartel, non-confidential version of the decision – Refusal of access – Obligation to carry out a concrete, individual examination – Exception on the protection of commercial interests of a third party – Exception relating to the protection of the purpose of investigations – Compelling public interest
H. Kanninen (Rapporteur), P
T-534/11, [2014] EUECJ T-534/11
Bailii
Regulation (EC) No 1049/2001
European
Updated: 22 December 2021; Ref: scu.537372
ECJ Sixth VAT Directive – Article 13B(c) – Exemptions – Exemption of supplies of goods excluded from the right to deduct – Resale of motor cars purchased second-hand by a leasing company – Article 26a – Special arrangements for sales of second-hand goods.
[2006] CEC 404, [2005] EUECJ C-280/04, [2005] ECR I-10683, [2006] STI 39, [2006] STC 1744
Bailii
European
Cited by:
Cited – Revenue and Customs v Pendragon Plc and Others SC 10-Jun-2015
‘This appeal is about an elaborate scheme designed and marketed by KPMG relating to demonstrator cars used by retail distributors for test drives and other internal purposes. In the ordinary course, a car distributor will buy new cars for use as . .
Lists of cited by and citing cases may be incomplete.
European, VAT
Updated: 21 December 2021; Ref: scu.235855
The claimant challenged the loan by the Council of a substantial sum to a company operating a local football club saying that it was contrary both to European and domestic law.
Hickinbottom J
[2014] EWHC 2089 (Admin)
Bailii
England and Wales
Local Government, European
Updated: 20 December 2021; Ref: scu.536174
[1996] ECR I-5457, C-73/95, [1996] EUECJ C-73/95P
Bailii
European
Cited by:
Cited – Scandecor Developments AB v Scandecor Marketing AV and Others and One Other Action HL 4-Apr-2001
A business had grown, but the two founders split, and set up separate business. There was no agreement as to the use of the trading names and trade marks. The original law of Trade Marks prohibited bare exclusive licenses, licences excluding the . .
Lists of cited by and citing cases may be incomplete.
European, Company
Updated: 18 December 2021; Ref: scu.161539
ECJ Judgment Of The Court – VAT – Directive 2006/112/EC – Articles 16 and 18 – Financial leasing – Goods under a financial leasing contract – Non-recovery of those goods by the leasing company after the termination of the contract – Missing goods
C-438/13, [2014] EUECJ C-438/13, ECLI:EU:C:2014:2093
Bailii
European, VAT
Updated: 17 December 2021; Ref: scu.534443
ECJ Judgment Of The Court – Appeal – Competition – Article 86, paragraph 3, CE – Continuing special rights granted by the Hellenic Republic in favor of a public company for the exploration and exploitation of lignite deposits – Offence – Decision – Conflict with the Law Union – Subsequent Decision – Implementation of specific measures – Solution competitive effects of the infringement – Action for annulment
Ilesic Rap P
C-554/12, [2014] EUECJ C-554/12, ECLI: EU: C: 2014:2085
Bailii
European, Commercial
Updated: 17 December 2021; Ref: scu.534444
The parties had disputed a difference in payment between the woman applicant and men doing similar work. After a lengthy dispute the parties now disputed the costs.
Held: The company had correctly been ordered to pay the costs.
Lord Denning MR, Lawton, Cummin-Bruce LJJ
[1980] EWCA Civ 7, [1981] QB 180, [1980] ICR 672, [1980] IRLR 210, [1980] 2 CMLR 217, [1980] 3 WLR 929, [1981] 1 All ER 111
Bailii
England and Wales
Citing:
At EAT – Smith v Macarthys Ltd EAT 14-Dec-1977
Mrs Smith was employed by the respondents, wholesale dealers in pharmaceutical products, as a warehouse manageress at a weekly salary of andpound;50. She complained of discrimination in pay because her male predecessor whose post she took up after . .
At CA (1) – Macarthys Ltd v Smith CA 1980
The employee had taken on a job substantially similar to that of a previous male employee, but had been paid less. She succeeded in a claim under the 1971 Act before the industrial tribunal and Employment Appeal Tribunal. The employer appealed . .
At ECJ – Macarthys Ltd v Smith ECJ 27-Mar-1980
The first paragraph of article 119 of the EEC Treaty applies directly, and without the need for more detailed implementing measures on the part of the community or the member states, to all forms of direct and overt discrimination which may be . .
Lists of cited by and citing cases may be incomplete.
Employment, European, Costs
Updated: 11 December 2021; Ref: scu.262686
T-367/14, [2016] EUECJ T-367/14
Bailii
European
Intellectual Property
Updated: 11 December 2021; Ref: scu.570127
Olympic Airlines, incorporated in Greece, but with headquarters in London, went into liquidation. The pensions scheme had been run with a deficit. The trustees no sought the winding up of the company under British law.
Held: To be an establishment for the purposes of the Insolvency Regulation the following qualities must be present on the date the petition was presented:
(1) a place of operations, at which –
(2) the company carries out an activity which is:
(a) economic, and
(b) non-transitory,
(3) with
(a) human means, and
(b) assets. OA satisfied each of those conditions.
Sir Andrew Morritt Ch
[2012] EWHC 1413 (Ch)
Bailii
Insolvency Act 1986, Pensions Act 1995, Council Regulation (EC) 1346/2000
England and Wales
Citing:
Cited – Staubitz-Schreiber (Area of Freedom, Security and Justice) ECJ 17-Jan-2006
ECJ Judicial cooperation in civil matters – Insolvency proceedings – Regulation (EC) No 1346/2000 – Temporal application – Court having jurisdiction . .
Cited – Interedil Srl, in liquidation v Fallimento Interedil Srl, Intesa Gestione Crediti SpA ECJ 20-Oct-2011
interedill2ECJ2011
ECJ Reference for a preliminary ruling – Whether a lower court has the power to refer a question to the Court for a preliminary ruling – Regulation (EC) No 1346/2000 – Insolvency proceedings – International . .
Cited – Trillium (Nelson) Properties Ltd v Office Metro Ltd ChD 9-May-2012
Winding-up petition in which the principal issue is whether or not Office Metro Limited can be wound up in this jurisdiction in the light of the fact that, despite its being an English registered company, its centre of main interest is in . .
Cited by:
Appeal from – Olympic Airlines Sa Pension and Life Insurance Scheme v Olympic Airlines Sa CA 6-Jun-2013
The court considered the the jurisdiction under EU law to commence a secondary winding-up in England of a company whose main liquidation is taking place in Greece. That depended upon whether the company, registered in Greece had a sufficient . .
At First Instance – Olympic Airlines Sa Pension and Life Assurance Scheme, The Trustees of The v Olympic Airlines Sa SC 29-Apr-2015
The airline was incorporated in Greece but with an office in the UK. It became insolvent leaving a deficit in the UK employee pension scheme. The trustees of the fund sought a secondary insolvency within the UK, and now a reference to the European . .
Lists of cited by and citing cases may be incomplete.
Insolvency, European, Financial Services, Employment
Updated: 06 December 2021; Ref: scu.459890
Order – joinder of cases
[2011] EUECJ C-581/10, C-581/10
Bailii
Cited by:
Order – Nelson v Deutsche Lufthansa AG, International Air Transport Association v Civil Aviation Authority ECJ 23-Oct-2012
ECJ Air transport – Regulation (EC) No 261/2004 – Articles 5 to 7 – Montreal Convention – Articles 19 and 29 – Right to compensation in the event of delay of flights – Compatibility . .
Lists of cited by and citing cases may be incomplete.
European, Transport
Updated: 04 December 2021; Ref: scu.526743
ECJ (Judgment Of The Court Of First Instance) Competition – Abuse of dominant position – Microprocessors market – Decision finding an infringement of Article 82 EC and Article 54 of the EEA Agreement – Loyalty rebates – ‘Naked’ restrictions – Classification as abuse – As-efficient-competitor analysis – Commission’s international jurisdiction – Obligation on the Commission to investigate – Limits – Rights of the defence – Principle of sound administration – Overall strategy – Fines – Single and continuous infringement – 2006 Guidelines on the method of setting fines
ECLI:EU:T:2014:547, [2014] EUECJ T-286/09, [2014] 5 CMLR 9
Bailii
European, Commercial
Updated: 04 December 2021; Ref: scu.526683
ECJ (Judgment) Community trade mark – Opposition proceedings – Application for the Community word mark METABOL – Earlier national word mark METABOL-MG – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009
T-486/12, [2014] EUECJ T-486/12
Bailii
Regulation (EC) No 207/2009
European, Intellectual Property
Updated: 04 December 2021; Ref: scu.526680
ECJ (Judgment Of The Court (Seventh Chamber)) Failure of a Member State to fulfil its obligations – Directive 2006/86/EC – Traceability requirements – Notification of serious adverse reactions and events – Technical requirements for the coding, processing, preservation, storage and distribution of human tissues and cells – Failure to adopt within the prescribed period
ECLI:EU:C:2009:734, [2009] EUECJ C-13/09
Bailii
European
Updated: 04 December 2021; Ref: scu.526174
(Judgment Of The Court (Second Chamber)) Failure of a Member State to fulfil obligations – Directive 2006/24/EC- Electronic communications – Failure to transpose within the prescribed period
ECLI:EU:C:2009:737, [2009] EUECJ C-211/09
Bailii
European
Updated: 04 December 2021; Ref: scu.526171
ECJ (Judgment Of The Court (Eighth Chamber)) – Failure of a Member State to fulfil obligations – Directive 2006/24/EC – Electronic communications – Respect for private life – Retention of data generated or processed in connection with the provision of electronic communications services – Failure to transpose within the prescribed period
ECLI:EU:C:2009:736, [2009] EUECJ C-202/09
Bailii
European
Updated: 04 December 2021; Ref: scu.526172
ECJ (Judgment Of The Court (Fifth Chamber)) Failure of a Member State to fulfil obligations – Environment – Directives 2006/12/EC and 91/689/EEC – Hazardous waste – Obligation to draw up and adopt a hazardous-waste management plan – Obligation to establish an integrated and adequate network of disposal installations for hazardous waste – Directive 1999/31/EC – Landfill of waste – Disposal of hazardous waste
C-286/08, [2009] EUECJ C-286/08
Bailii
European, Environment
Updated: 04 December 2021; Ref: scu.526153
ECJ (Judgment Of The Court (Fifth Chamber)) Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC)
C-331/08, [2009] EUECJ C-331/08, ECLI:EU:C:2009:185
Bailii
European
Updated: 04 December 2021; Ref: scu.526127
ECJ Failure to fulfill obligations – Area of ??freedom, security and justice – Standards for security features and biometric elements in passports and travel documents issued by Member States – Regulation (EC) No 2252/2004 – biometric passport – Integration of fingerprints – Breach of contract – Non-delivery on time
[2014] EUECJ C-139/13, ECLI:EU:C:2014:80
Bailii
Regulation (EC) No 2252/2004
European
Updated: 04 December 2021; Ref: scu.526108
ECJ (Judgment Of The Court Of First Instance) Competition – Cartels – Market calcium carbide and magnesium for the steel and gas sector in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom – Decision finding an infringement Article 81 EC – price fixing and market-sharing – fines – Article 23 of Regulation (EC) No 1/2003 – Guidelines for calculating the amount of the 2006 fines – mitigating circumstances – Cooperation during the administrative procedure – obligation to state reasons – Equal treatment – Proportionality – Ability to
[2014] EUECJ T-406/09
Bailii
European
European, Commercial
Updated: 03 December 2021; Ref: scu.525833
ECJ (Judgment Of The Court Of First Instance) Approximation of laws – Directive 2009/48 / EC – Safety of toys – Limit values ??for nitrosamines, nitrosatable substances, lead, barium, arsenic, antimony and mercury in toys – Decision Commission not approve entirely the maintenance of national provisions derogating – Approval limited in time – Proof of a higher level of protection for human health provided by the national provisions
[2014] EUECJ T-198/12
Bailii
European
Updated: 03 December 2021; Ref: scu.525521
ECJ Opinion – Agriculture – Labelling of organic products – Regulation (EC) No 889/2008 – Article 27(1)(f) – Use of products and substances in the processing of foodstuffs labelled as organic – Prohibition of the use of minerals and vitamins where not legally required – Addition of ferrous gluconate and vitamins to an organic fruit juice mixture – Quantities required to allow sale as a food supplement, with a nutrition or health claim or as a foodstuff for a particular nutritional use
Sharpston AG
C-137/13, [2014] EUECJ C-137/13, [2014] EUECJ C-137/13 – J
Bailii, Bailii
European
Agriculture
Updated: 03 December 2021; Ref: scu.525446
ECJ Community trade mark – Opposition proceedings – Application for the Community figurative mark EQUITER – Earlier Community word mark EQUINET – Relative ground for refusal – Genuine use of the earlier mark – Article 42(2) of Regulation (EC) No 207/2009 – Obligation to state reasons
T-47/12, [2014] EUECJ T-47/12
Bailii
Regulation (EC) No 207/2009 42(2)
European
Updated: 03 December 2021; Ref: scu.525419