Tag: European

L’Oreal Sa and Others v Bellure Nv and Others: CA 21 May 2010

The claimant, manufacturers of perfumes, complained that the defendants, manufacturers of smell-alike products, were in breach of the Directive in marketing their products using lists which identified those of the claimants products to which they were intended to smell similar.
Held: The claim succeeded. The defendant’s use of the registered marks in the comparison lists was a use within art 5 of Directive 89/104, since went beyond one which was ‘purely descriptive’ being used for advertising. It was therefore not protected by the Comparative Advertising Directive because it did not comply with the condition (h) in art 3a(1) and therefore also not condition (g).

Judges:

Jacob, Wall, Rimer LJJ

Citations:

[2010] EWCA Civ 535, [2010] WLR (D) 134

Links:

Bailii, WLRD

Statutes:

Council Directive 84/450/EEC, Council Directive 89/104/EEC 5(1)(a)

Jurisdiction:

England and Wales

Citing:

See Also – L’Oreal Sa and others v Bellure Nv and others ChD 24-May-2006
Action for trade mark infringement and passing off – suggestion that goods of such superior quality that no possibility of confusion. . .
See Also – L’Oreal Sa and others v Bellure NV and others ChD 4-Oct-2006
The claimant alleged that the defendants had been importing copies of their perfumes. The products were not counterfeits, but ‘smell-alikes’. The defendants’ packaging and naming was used to suggest which perfume it resembled.
Held: The . .
See Also – L’Oreal Sa and others v Bellure Nv and others CA 10-Oct-2007
. .
See Also – Intel Corporation v CPM United Kingdom Ltd (Approximation Of Laws) ECJ 27-Nov-2008
Europa Directive 89/104/EEC Trade marks Article 4(4)(a) Trade marks with a reputation – Protection against the use of a later identical or similar mark Use which takes or would take unfair advantage of, or is or . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 18 August 2022; Ref: scu.415975

Alzetta and Others v Commission (State Aid) T-6/98: ECFI 15 Jun 2000

Europa Carriage of goods by road – State aid – Action for annulment – Effect on trade between Member States and distortion of competition – Conditions for derogation from the prohibition laid down by Article 92(1) of the EC Treaty (now, after amendment, Article 87(1) EC) – New aid or existing aid – Principle of protection of legitimate expectations – Principle of proportionality – Statement of reasons.

Citations:

[2000] EUECJ T-6/98

Links:

Bailii

Jurisdiction:

European

European

Updated: 18 August 2022; Ref: scu.415227

The Rank Group Plc v Revenue and Customs: FTTTx 11 Dec 2009

FTTTx Community Law – Fiscal neutrality – Exemption – Exclusion of provision of ‘gaming machines’ from exemption – Whether taxed machines similar to exempt machines – Relevance of regulatory regime – TNT [2009] STC 1438 considered – Whether FOBTs exempt comparators – Whether on facts due diligence defence established to breach of fiscal neutrality
Exemption- Slot machines – Exclusion of ‘gaming machines’ from exemption – VATA 1994 Sch 9 Group 4 – 6th Directive Art 13B(f) – Breach of fiscal neutrality – Period of breach – Appeal allowed for all periods

Citations:

[2009] UKFTT 363 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At VDT(1) – The Rank Group Plc v Revenue and Customs VDT 27-May-2008
VDT EXEMPT SUPPLIES – Gaming – Mechanised cash bingo under Gaming Act 1968 s.14 excluded from exemption – Similar supplies under s.21 exempt – Whether principle of fiscal neutrality infringed – Same company . .
At VDT (2) – Rank Group Ltd v Revenue and Customs VDT 19-Aug-2008
VDT COMMUNITY LAW – Fiscal neutrality – Exemption – Gaming – Provision of gaming machines excluded from exemption – Similar supplies under Part III of Gaming Act 1968 exempt – Whether principle of fiscal . .
At ChD – Revenue and Customs v The Rank Group ChD 8-Jun-2009
The court was asked whether the VAT treatment of mechanised cash bingo breaches the principle of fiscal neutrality: and the core issue on the appeal is whether the burden lay on Rank to adduce evidence to prove not only that there was a difference . .

Cited by:

At FTTTx – Commissioners for Her Majesty’s Revenue and Customs v Rank Group plc C-260/10 ECJ 10-Nov-2011
ECJ Taxation – Sixth VAT Directive – Exemptions – Article 13B(f) – Betting, lotteries and other forms of gambling – Principle of fiscal neutrality – Mechanised cash bingo – Slot machines – Administrative practice . .
At FTTTx – Commissioners for Her Majesty’s Revenue and Customs v Rank Group plc C-259/10 ECJ 10-Nov-2011
ECJ Taxation – Sixth VAT Directive – Exemptions – Article 13B(f) – Betting, lotteries and other forms of gambling – Principle of fiscal neutrality – Mechanised cash bingo – Slot machines – Administrative practice . .
At FTTTx – HMRC v The Rank Group Plc UTTC 4-Oct-2012
Taxation – whether gaming or betting and the different VAT Treatment of newer gaming machines. . .
At FTTTx – HM Revenue and Customs v The Rank Group Plc CA 30-Oct-2013
The tax payer had sought repayment of sums of VAT charged to a particular form of gaming, saying that the rules infringed the principles of fiscal neutrality under European law. HMRC now appealed against a finding that the machines were exempt from . .
At FTTTx – Revenue and Customs v The Rank Group Plc SC 8-Jul-2015
The question raised by this appeal is whether, during the period 1 October 2002 to 5 December 2005, the takings on a particular category of gaming machines operated by the appellants were subject to VAT. The answer depends on whether the takings . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 17 August 2022; Ref: scu.409170

Asociacion Nacional De Empresas Forestales v Transformacion Agraria SA (Tragsa): ECJ 28 Sep 2006

ECJ Freedom Of Establishment – Reference for a preliminary ruling Admissibility Article 86(1) EC No independent effect Factors permitting material which enables the Court to give a useful answer to the questions referred Directives 92/50/EEC, 93/36/EEC and 93/37/EEC National legislation enabling a public undertaking to perform operations on the direct instructions of the public authorities without being subject to the general rules for the award of public procurement contracts Internal management structure Conditions The public authority must exercise over a distinct entity a control similar to that which it exercises over its own departments The distinct entity must carry out the essential part of its activities with the public authority or authorities which control it

Judges:

Geelhoed AG

Citations:

ECLI:EU:C:2007:227, [2006] EUECJ C-295/05, [2007] ECR I-2999

Links:

Bailii

Jurisdiction:

European

Cited by:

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

European

Updated: 17 August 2022; Ref: scu.408735

Sel-Imperial Ltd v The British Standards Institution: ChD 23 Apr 2010

The defendant had developed a draft standard for automotive body repairs. It included a requirement that any replacement parts must be either the manufacturer’s own or certified under a recognised conformity certification scheme. The claimant imported so-called ‘replica parts’ and said that the costs of such a scheme would be so disproportionate as to destroy their business. It said that this might be appropriate for safety related parts, but the defendant’s definition of such was too wide, and the scheme was in breach of the 1988 Act. The defendant asked that the claim be struck out.
Held: The court could not conclude that repairers would not feel bound by the standard so as to infringe the claimant’s rights. Limited parts of the particulars were struck out, but the rest should proceed. The court considered the guidelines in Santolino adding that for ‘competition law claims (or defences), that where the area of law is in the course of development the court should be cautious ‘to assume that it is beyond argument with real prospect of success that the existing case law will not be extended or modified’ so as to encompass the basis of argument advanced.’
The issue depends upon a careful analysis of the specific allegation and the facts then relied upon. The essence of Article 101, as applied to horizontal agreements, is to prohibit the substitution of co-ordinated action between competitors for the independent policy that each would otherwise pursue.

Judges:

Roth J

Citations:

[2010] EWHC 854 (Ch)

Links:

Bailii

Statutes:

Competition Act 1998

Jurisdiction:

England and Wales

Citing:

Cited – Nigeria v Santolina Investment Corp and others ChD 7-Mar-2007
The federal government sought to recover properties from the defendants which it said were the proceeds of corrupt behaviour by the principal defendant who had been State Governor of a province. The claimant sought summary judgment.
Held: . .
Cited – Bayer AG v Commission (Rec 2000,p II-3383) ECFI 26-Oct-2000
The Commission had found that Bayer’s policy of restricting parallel imports of its pharmaceutical drug, ADALAT, constituted part of its dealership agreements, and had annuled them.
Held: Although Bayer clearly intended to restrict parallel . .
Cited – Intel Corporation v Via Technologies Inc and others ChD 14-Jun-2002
The claimant sought damages for patent infringement. The respondent asserted that the refusal to licence the patent amounted to an abuse of its dominant position. Complaint had also been brought in the US.
Held: The licence offered by Intel . .
Cited – Intel Corporation v Via Technologies Inc, Elitegroup Computer Systems (UK) Ltd Via Technologies Inc , Via Technologies (Europe) Ltd, Realtime Distribution Ltd CA 20-Dec-2002
Infringement of patents.
Held: With regard in particular to competition law claims (or defences), where the area of law is in the course of development the court should be cautious ‘to assume that it is beyond argument with real prospect of . .
Cited – Bundesverband Der Arzneimittel-Importeure v Bayer And Commission ECJ 6-Jan-2004
EU (Competition) Appeals – Competition – Parallel imports – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Meaning of agreement between undertakings – Proof of the existence of an agreement – Market in . .
Cited – Bundesverband der Arzneimittel-Importeure eV and Commission of the European Communities v Bayer AG ECJ 6-Jan-2004
Europa Appeals – Competition – Parallel imports – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Meaning of agreement between undertakings – Proof of the existence of an agreement – Market in . .
Cited – BHB Enterprises Plc v Victor Chandler (International) Ltd ChD 27-May-2005
The claimant created a very substantial computerised database about horses and the racing industry. It licensed the database to users, including some who were able to grant sub-licenses. It sought to rely on the Database Directive to support its . .
Cited – Doncaster Pharmaceuticals Group Ltd and Others v The Bolton Pharmaceutical Company 100 Ltd CA 26-May-2006
Appeals were made against interlocutory injunctions for alleged trade mark infringement.
Held: The court should hesitate about making a final decision for summary judgment without a trial, even where there is no obvious conflict of fact at the . .
Cited – Unipart Group Ltd v O2 (UK) Ltd and Another CA 30-Jul-2004
The court considered the applicability of Article 81 in Chapter 1 of Part III of the EC Treaty to allegedly anti-competitive conduct in the market for the wholesale supply of airtime for mobile telephones. Unipart, an independent service provider . .
Cited – General Motors Nederland and Opel Nederland v Commission (Judgment) ECFI 21-Oct-2003
Europa Agreements between Opel’s national sales company in Holland and its authorised dealers were challenged as infringing competition law. The Commission had found that the agreements incorporated Opel’s policy . .
Cited – Suiker Unie and Others v Commission ECJ 16-Dec-1975
. .
Cited – AC-Treuhand v Commission (Competition) ECFI 8-Jul-2008
Europa Competition Agreements, decisions and concerted practices – Organic peroxides – Fines – Article 81 EC – Rights of the defence – Right to a fair hearing – Meaning of perpetrator of an infringement – . .

Cited by:

Cited – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 24-Feb-2011
The claimant sought to renew its leases of docking facilities from the landlord defendant. The defendant resisted saying it intended to operate its own business, and the claimant now alleged that the defendant was abusing its dominant position to . .
Lists of cited by and citing cases may be incomplete.

Commercial, European

Updated: 17 August 2022; Ref: scu.408671

Yesmoke Tobacco (Judgment): ECJ 9 Oct 2014

ECJ Reference for a preliminary ruling – Tax provisions – Harmonisation of laws – Directives 95/59/EC and 2011/64/EU – Structure and rates of excise duty applied to manufactured tobacco – Establishment of an excise duty – Principle establishing one rate of excise duty for all cigarettes – Possibility for the Member States of establishing a minimum amount of excise duty – Cigarettes in the lowest price category – National legislation – Specific category of cigarettes – Excise duty set at 115%

Judges:

T. von Danwitz (Rapporteur), P

Citations:

C-428/13, [2014] EUECJ C-428/13

Links:

Bailii

Statutes:

Directive 2011/64/EU, Directive 95/59/EC

Jurisdiction:

European

Customs and Excise

Updated: 16 August 2022; Ref: scu.537480

Ahlstrom And Others: ECJ 9 Oct 2014

ECJ (Judgment) Reference for a preliminary ruling – External relations – Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco – Exclusion of any possibility for Community vessels to carry out fishing activities in Moroccan fishing zones on the basis of a licence issued by the Moroccan authorities without the intervention of the competent European Union authorities

Judges:

M. Ilesic, P

Citations:

C-565/13, [2014] EUECJ C-565/13

Links:

Bailii

Jurisdiction:

European

European

Updated: 16 August 2022; Ref: scu.537471

Revenue and Customs v Ruas: CA 23 Mar 2010

The court was asked whether an obligation arose to pay child benefit for the children of a Portuguese worker resident here but no longer working for his children living in Portugal.
Held: The benefit was payable.

Citations:

[2010] EWCA Civ 291

Links:

Bailii

Statutes:

EC Council Regulation 1408/71 of 14 June 1971, Social Security, Contributions and Benefits Act 1992 146

Jurisdiction:

England and Wales

Citing:

Applied – Martinez Sala v Freistaat Bayern ECJ 12-May-1998
ECJ A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which . .

Cited by:

Cited – Tolley (Deceased) v The Secretary of State for Work and Pensions CA 23-Oct-2013
The Court was asked as to entitlement to receive the care component of disability living allowance when she moved permanently from the United Kingdom to Spain. . .
Cited – Secretary of State for Work and Pensions v Tolley SC 29-Jul-2015
The Court was asked whether the United Kingdom is precluded, by Council Regulation (EC) No 1408/71 on the application of social security schemes to employed persons, self-employed persons and members of their families moving within the Community, . .
Lists of cited by and citing cases may be incomplete.

Benefits, European, Children

Updated: 16 August 2022; Ref: scu.403480

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’

Judges:

Mengozzi AG

Citations:

[2010] EUECJ C-359/07 – O

Links:

Bailii

Cited by:

Opinion – Markus Stoss (Free Movement of Persons) C-359/07 ECJ 8-Sep-2010
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 . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 16 August 2022; Ref: scu.403452

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

Citations:

[2010] EUECJ C-358/07 – O

Links:

Bailii

Cited by:

Opinion – Markus Stoss (Free Movement Of Persons) C-358/07 ECJ 8-Sep-2010
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 . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 16 August 2022; Ref: scu.403451

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 recognition

Judges:

Mengozzi AG

Citations:

C-410/07, [2010] EUECJ C-410/07 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Markus Stoss C-410/07 ECJ 8-Sep-2010
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 . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 16 August 2022; Ref: scu.403455

Markus Stoss C-316/07: ECJ 4 Mar 2010

ECJ Opinion – 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

Judges:

Mengozzi AG

Citations:

[2010] EUECJ C-316/07 – O

Links:

Bailii

Cited by:

Opinion – Markus Stoss C-316/07 ECJ 8-Sep-2010
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 . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 16 August 2022; Ref: scu.403450

Grupo Promer Mon Graphic v OHMI- Pepsico (Representation D’Un Support Promotionnel Circulaire): ECFI 18 Mar 2010

ECFI Community design – Invalidity proceedings Registered Community design representing a circular promotional item Prior design Ground for invalidity Conflict No different overall impression Meaning of ‘conflict’ Product at issue Degree of freedom of the designer Informed user Article 10 and Article 25(1)(b) and (d) of Regulation (EC) No 6/2002.

Citations:

T-9/07, [2010] EUECJ T-9/07

Links:

Bailii

European, Intellectual Property

Updated: 16 August 2022; Ref: scu.403449

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

Judges:

Mengozzi AG

Citations:

C-409/07, [2010] EUECJ C-409/07 – O

Links:

Bailii

Cited by:

Opinion – Markus Stoss (Free Movement of Persons) C-409/07 ECJ 8-Sep-2010
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 . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 16 August 2022; Ref: scu.403454

Tilianu, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 15 Feb 2010

This case raises issues concerning the right of European Union citizens, who have worked as self-employed workers but have ceased to be in work, to be paid jobseeker’s allowances and crisis payments. The central issue turns on whether there is a practical distinction, for the purposes of obtaining certain benefits, between a worker who, prior to becoming unemployed, has been employed and a worker who has been self-employed.

Citations:

[2010] EWHC 213 (Admin), [2010] 3 CMLR 11

Links:

Bailii

Jurisdiction:

England and Wales

Benefits, European

Updated: 14 August 2022; Ref: scu.402537

GENC v Land Berlin: ECJ 4 Feb 2010

ECJ EEC – Turkey Association Agreement – Decision No 1/80 of the Association Council – Article 6(1) – Concept of ‘worker’ – Exercise of minor employment – Condition governing loss of acquired rights.

Citations:

C-14/09, [2010] EUECJ C-14/09

Links:

Bailii

Jurisdiction:

European

European

Updated: 14 August 2022; Ref: scu.401823

Commission v Scott: ECJ 23 Feb 2010

ECJ Order – Appeals – State aid Aid granted by the French authorities to Scott Paper – Land at a preferential price and application of the water treatment levy at a preferential rate for the purposes of the construction of a manufacturing plant for the production of paper for household use.

Citations:

C-290/07, [2010] EUECJ C-290/07 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opnion – Commission v Scott ECJ 2-Sep-2010
Judgment – Appeal – State aid – Preferential price for the purchase of developed land – Inquiry as to market value – Formal investigation procedure – Regulation (EC) No 659/1999 – Obligation to undertake a diligent and impartial examination – Scope . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 14 August 2022; Ref: scu.401820

Franked Investment Group Litigation Test Claimants v Inland Revenue and Another: CA 23 Feb 2010

Citations:

[2010] EWCA Civ 103

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Kleinwort Benson Ltd v Lincoln City Council etc HL 29-Jul-1998
Right of Recovery of Money Paid under Mistake
Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap . .
Appeal from – Test Claimants In the FII Group Litigation v HM Revenue and Customs ChD 27-Nov-2008
The claimants were companies with parent companies in the UK and other subsidiaries not so resident, both in the EU and outside. They complained of the differences in treatment under corporation tax of the payment of dividends between the . .

Cited by:

Appeal from – Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue SC 23-May-2012
The European Court had found the UK to have unlawfully treated differently payment of franked dividends between subsidiaries of UK companies according to whether all the UK subsidiaries were themselves UK based, thus prejudicing European . .
Lists of cited by and citing cases may be incomplete.

Corporation Tax, European

Updated: 14 August 2022; Ref: scu.401676

Certain Bus Operating Companies In The Stagecoach Group and Others v Secretary of State for Transport and Another: Admn 16 Feb 2010

Challenge as to obligations imposed by European regulations requiring concessionary fare schemes.

Citations:

[2010] EWHC 223 (Admin), [2010] Eu LR 505, [2010] 3 CMLR 8

Links:

Bailii

Jurisdiction:

England and Wales

Transport, European

Updated: 14 August 2022; Ref: scu.400998

Horvath v Secretary of State for Environment, Food and Rural Affairs: ECJ 3 Feb 2009

ECJ (Opinion) Reference for a preliminary ruling from the High Court of Justice of England and Wales (United Kingdom).
‘where the constitutional system of a member state provides that devolved administrations are to have legislative competence, the mere adoption by those administrations of different … standards … does not constitute discrimination contrary to Community law’

Citations:

C-428/07, [2009] EUECJ C-428/07

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Horvath v Secretary of State for Environment, Food and Rural Affairs ECJ 16-Jul-2009
ECJ Common agricultural policy Direct support schemes Regulation (EC) No 1782/ 2003 Article 5 and Annex IV Minimum requirements for good agricultural and environmental condition Maintenance of rights of way . .
Cited – A and B, Regina (on The Application of) v Secretary of State for Health SC 14-Jun-2017
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled . .
Lists of cited by and citing cases may be incomplete.

Agriculture

Updated: 13 August 2022; Ref: scu.286160

Hassan v Council and Commission (Common Foreign and Security Policy) C-399/06: ECJ 3 Dec 2009

ECJ Common foreign and security policy (CFSP) – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban Regulation (EC) No 881/2002 – Freezing of the funds and economic resources of a person following his inclusion in a list drawn up by a body of the United Nations – Sanctions Committee – Subsequent inclusion in Annex I to Regulation (EC) No 881/2002 – Action for annulment – Fundamental rights – Right to respect for property, right to be heard and right to effective judicial review.

Citations:

C-399/06, [2009] EUECJ C-399/06

Links:

Bailii

European, Crime

Updated: 11 August 2022; Ref: scu.384100

Hassan v Council and Commission (Common Foreign And Security Policy) C-403/06: ECJ 3 Dec 2009

ECJ Common foreign and security policy (CFSP) – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban Regulation (EC) No 881/2002 – Freezing of the funds and economic resources of a person following his inclusion in a list drawn up by a body of the United Nations – Sanctions Committee – Subsequent inclusion in Annex I to Regulation (EC) No 881/2002 – Action for annulment – Fundamental rights – Right to respect for property, right to be heard and right to effective judicial review.

Citations:

C-403/06, [2009] EUECJ C-403/06

Links:

Bailii

European

Updated: 11 August 2022; Ref: scu.384101

OQ (India) v Entry Clearance Officer: CA 11 Jun 2009

Judges:

Maurice Kay LJ

Citations:

[2009] EWCA Civ 817

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Leave – OQ (India) and Another v Secretary of State for the Home Department; SM (India) v Same CA 25-Nov-2009
The claimants sought a right of entry and of residence as dependants of EU citizens. They had been refused by the entry clearance officer.
Held: The test of the status of a dependent member of a worker’s family was the result of a factual . .
Lists of cited by and citing cases may be incomplete.

Immigration, European

Updated: 07 August 2022; Ref: scu.381570

Brown v Rentokil Ltd: IHCS 10 Mar 1995

Mrs Brown was employed by Rentokil as a driver, transporting and changing ‘Sanitact’ units in shops. In her view, it was heavy work. She told Rentokil that she was pregnant. She had difficulties associated with the pregnancy. From 16 August 1990 onwards, she submitted a succession of four-week certificates mentioning various pregnancy-related disorders. She did not work again after mid-August 1990. Rentokil’s contracts stipulated that, if an employee was absent because of sickness for more than 26 weeks continuously, he or she would be dismissed. On 9 November 1990, Rentokil told her, and confirmed in writing, that half of the 26-week period had run and that her employment would end on 8 February 1991 if, following an independent medical examination, she had not returned to work by then.
She did not go back to work. The parties agree that there was never any question of her being able to return to work before the end of the 26-week period. By letter of 30 January 1991, which took effect on 8 February 1991, she was accordingly dismissed while pregnant. Her child was born on 22 March 1991.
Held: As a preliminary conclusion, it was not sex discrimination where a woman dismissed for absences from illness arising out of pregnancy, but not actual pregnancy. Since the Court of Justice had drawn a clear distinction between pregnancy and illness attributable to pregnancy, Mrs Brown, whose absence was due to illness and who had been dismissed on account of that illness, could not succeed.

Citations:

Times 10-Mar-1995

Statutes:

Sex Discrimination Act 1975 1(1), Employment Protection (Consolidation) Act 1978 33

Jurisdiction:

Scotland

Cited by:

Appeal from – Reversed – Brown v Rentokil Ltd ECJ 30-Jun-1998
Dismissal for any illness associated with pregnancy is for a sex related reason, and is discriminatory, and unlawful irrespective of the contractual right being otherwise applied equally to men suffering illness. Pregnancy is a period during which . .
Lists of cited by and citing cases may be incomplete.

Discrimination, European

Updated: 07 August 2022; Ref: scu.78708

Expert Witness Institute v Commissioners of Customs and Excise: ChD 12 Apr 2001

The 1990 Regulation, SI 1990 No 2854, should be construed in the light of the European Directive. The Institute was exempt from Value Added Tax. Its aims of promoting and supporting the proper administration of justice, and the early resolution of disputes, were sufficiently in the public interest, and so closely connected to the administration of justice to bring it within the section as amended by the regulation. The Directive did not require that the body should be altruistic, and it was not relevant that the decision might lead to other bodies also becoming exempt.

Citations:

Times 12-Apr-2001

Statutes:

Sixth Council Directive 77/388/EEC on the harmonisation of laws relating to turnover taxes, Value Added Tax Act 1994 Sch 9 Group 9 para (e), Value Added Tax (Education) (No 2) Order 1994 (1994 No 2969)

Jurisdiction:

England and Wales

Citing:

Appealed to – Expert Witness Institute v Commissioners of Customs and Excise CA 12-Dec-2001
A not for profit institute whose stated aims were ‘supporting the proper administration of justice and the early resolution of disputes’ came within the terms of the Directive and was exempt from VAT. Article 13A(1)(l) provided for exemption for the . .

Cited by:

Appeal from – Expert Witness Institute v Commissioners of Customs and Excise CA 12-Dec-2001
A not for profit institute whose stated aims were ‘supporting the proper administration of justice and the early resolution of disputes’ came within the terms of the Directive and was exempt from VAT. Article 13A(1)(l) provided for exemption for the . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 06 August 2022; Ref: scu.80423

Sviluppo Italia Basilicata v Commission: ECJ 29 Oct 2009

ECJ (Regional Policy) Appeal European Regional Development Fund (ERDF) Overall allocation for the implementation of incentive measures for small and medium-sized enterprises (SMEs) operating in the Region of Basilicata Regulation (EEC) No 4253/88 Article 24 Reduction of assistance initially granted by the ERDF Commission’s discretion Regulation (EEC) No 4253/88 Articles 25 and 26 Monitoring and evaluation obligations

Citations:

C-414/08, [2010] EUECJ C-414/08 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Sviluppo Italia Basilicata v Commission ECJ 25-Mar-2010
Appeal – European Regional Development Fund (ERDF) – Reduction of financial assistance – General allocation for the purpose of implementing measures to support small and medium-sized enterprises Deadline for completion of investment projects . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 05 August 2022; Ref: scu.380307

Uniplex (UK) Limited v Uniplex (Law Relating To Undertakings): ECJ 29 Oct 2009

ECJ Public procurement Directive 89/665/EEC – Review procedure under national law – Effective legal protection -Limitation periods – Point at which time starts running – Whether the applicant knew or ‘ought to have’ known of the breach of procurement law Requirement that proceedings be brought ‘promptly’.

Citations:

C-406/08, [2009] EUECJ C-406/08 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

See Also – Uniplex (UK) Limited v Uniplex ECJ 28-Jan-2010
ECJ Directive 89/665/EEC – Procedures for review of the award of public contracts – Period within which proceedings must be brought – Date from which the period for bringing proceedings starts to run. . .
Lists of cited by and citing cases may be incomplete.

European, Limitation, Judicial Review

Updated: 05 August 2022; Ref: scu.380310

Heathrow Airport v Forte (UK) Ltd and Others: ChD 11 Feb 1998

The dominant position held by a Landlord for the provision of space for services and his imposition of a differential charge was insufficient to justify a claim of abuse of position. The provision of catering services to airlines at Heathrow Airport was of a local character necessitated by ‘the need for flexibility and the need for the food to be as fresh as possible’. The defendants had not shown even an arguable case that trade between Member States was affected to an appreciable extent. The trade’s local character was not affected by the fact that three customers were airlines incorporated in other Member States. The expression ‘Euro-defences’ must not be treated as a pejorative term.

Judges:

Lawrence Collins QC

Citations:

Gazette 11-Feb-1998, [1998] EuLR 98

Statutes:

Treaty of Rome 1957 Art 80 Art 90

Jurisdiction:

England and Wales

Landlord and Tenant, European

Updated: 05 August 2022; Ref: scu.81298

L’Oreal Sa v OHIM (Trade Mark ): ECFI 25 Mar 2009

ECJ Community trade mark – Opposition proceedings Application for the Community word mark SPALINE – Earlier national word mark SPA Relative ground for refusal – Damage to reputation – Unfair advantage derived from the reputation of the earlier mark Use of the mark applied for without due cause Article 8(5) of Regulation (EC) No 40/94.

Citations:

T-21/07, [2008] EUECJ T-21/07, [2009] ETMR 49

Links:

Bailii

Statutes:

Regulation (EC) No 40/94 8(5)

European, Intellectual Property

Updated: 04 August 2022; Ref: scu.375626

Plantanol GmbH and Co. KG v Hauptzollamt Darmstadt (Environment And Consumers): ECJ 10 Sep 2009

Europa Directive 2003/30/EC Promotion of the use of biofuels or other renewable fuels for transport – Directive 2003/96/EC Community framework for the taxation of energy products and electricity – Blend of vegetable oil, additives and fuel Biofuels National rules – Tax exemption – Replacement of the exemption by an obligation to maintain a minimum biofuel content in fuels – Conformity with Directives 2003/30/EC and 2003/96/EC – General principles of legal certainty and the protection of legitimate expectations.

Citations:

C-201/08, [2009] EUECJ C-201/08

Links:

Bailii

Statutes:

Directive 2003/30/EC Promotion of the use of biofuels or other renewable fuels for transport, Directive 2003/96/EC Community framework for the taxation of energy products and electricity

European

Updated: 04 August 2022; Ref: scu.374767

Society of Industrial Management System v Belgian State: ECJ 10 Sep 2009

ECJ Opinion – Direct Taxation – Freedom of establishment – Free movement of capital tax treatment of an unusual or gratuitous advantage granted by a resident company to a company having its seat in another Member State in respect of which the first company is in links interdependence – Preservation of a balanced allocation of taxing powers between Member States fight against abusive practices

Citations:

C-311/08, [2009] EUECJ C-311/08 – O

Links:

Bailii

Cited by:

Opinion – Society of Industrial Management System v Belgian State ECJ 21-Jan-2010
ECJ Freedom of establishment Free movement of capital Direct taxation Income tax legislation ‘ Determination of the taxable income of companies ‘ Companies having a relationship of interdependence ‘ Unusual or . .
Lists of cited by and citing cases may be incomplete.

European, Taxes Management

Updated: 04 August 2022; Ref: scu.374770

German Graphics Graphische Maschinen Gmbh v Alice van der Schee, acting as liquidator of Holland Binding BV (Area Of Freedom, Security And Justice): ECJ 10 Sep 2009

ECJ Insolvency – Application of the law of the Member State of the opening of proceedings – Reservation of title – Situation of assets.

Citations:

C-292/08, [2009] EUECJ C-292/08

Links:

Bailii

European, Insolvency

Updated: 04 August 2022; Ref: scu.374764

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

Judges:

Kokott AG

Citations:

C-45/08, [2009] EUECJ C-45/08 – O

Links:

Bailii

Cited by:

Preliminary Ruling – Spector Photo Group and Van Raemdonck v Commissie voor het Bank, Financie en Assurantiewezen (CBFA) ECJ 23-Dec-2009
ECJ Directive 2003/6 Insider dealing – Use of inside information – Sanctions – Conditions . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 04 August 2022; Ref: scu.374771

Marks and Spencer Plc v Revenue and Customs: FTTTx 2 Apr 2009

FTTTx EUROPEAN LAW – group relief for losses of non-resident subsidiaries – whether there are no possibilities for those losses to be taken into account at the date of the group relief claim – no at the date of the original claims which are not valid claims, and yes on 20 March 2007 when the second claims were made — appeals allowed in principle

Citations:

[2009] UKFTT 64 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Corporation Tax

Updated: 03 August 2022; Ref: scu.373618

Commission v Greece (Law Relating To Undertakings): ECJ 9 Jul 2009

Europa Treaty infringement proceedings – Public procurement – Procedures of entities operating in the water, energy, transport and telecommunications sectors – Criteria for the exclusion of candidates.

Citations:

C-199/07, [2009] EUECJ C-199/07

Links:

Bailii

Jurisdiction:

European

Cited by:

See Also – Commission v Greece (Law Relating To Undertakings) ECJ 12-Nov-2009
ECJ Failure of a Member State to fulfil obligations – Public procurement -Directive 93/38/EEC Contract notice – Consultancy project – Criteria for automatic exclusion – Qualitative selection and award criteria. . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 30 July 2022; Ref: scu.347518

Ndsht v Commission: ECFI 9 Jun 2009

ECJ (State Aid) – Action for annulment State aid – Regulation (EC) No 659/1999 Complaint by a competitor – Letters from the Commission to a complainant – Existing aid – Non-actionable measure – Inadmissibility.

Citations:

T-152/06, [2009] EUECJ T-152/06

Links:

Bailii

Statutes:

Regulation (EC) No 659/1999

Jurisdiction:

European

European

Updated: 28 July 2022; Ref: scu.347045

Commission v Germany C-536/07: ECJ 4 Jun 2009

(Freedom Of Establishment) Opinion – Failure of a Member State to fulfil obligations Article 226 EC Public procurement Directive 93/37/EEC Procedures for the award of public works contracts Trade fair organisations Lease entered into by a contracting authority governing premises after construction Use of the premises by a trade fair organisation Underlease entered into between the contracting authority and that trade fair organisation

Judges:

Trstenjak AG

Citations:

[2009] EUECJ C-536/07 – O, [2009] EUECJ C-536/07

Links:

Bailii, Bailii

Statutes:

Directive 93/37/EEC

Jurisdiction:

European

European

Updated: 28 July 2022; Ref: scu.347034

Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017

This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts as given effect in the United Kingdom by the Public Contracts Regulations 2006. The claimant was part of a consortium bidding for a contract for nuclear decommissioning. They complained that the process did not meet the requirements. The issues before the court related to the availability of damages for a breach of the procurement requirements, and whether the matter required a reference to the ECJ.
Held: No reference was required, and the decision of the CA was confirmed in part (see below).
‘there is in my view very clear authority of the Court of Justice confirming that the liability of a contracting authority under the Remedies Directive for breach of the PP Directive is assimilated to that of the state or of a public body for which the state is responsible. ‘
However the CA erred in considering that no additional elements were necessary before a claim for damages could be made: ‘The scheme of the Remedies Directive is a balanced one. The Francovich conditions represent the Court of Justice’s conclusion as to the appropriate minimum protection by way of damages which an economic operator can expect. Although there is no Marleasing imperative to construe the scheme so far as possible consistently with the Francovich conditions, it is I think a natural assumption that the UK legislator will not go further than required by EU law when implementing such a scheme, without considering this and making it clear. That is fortified by the legislator’s clear intention not to gold plate when substituting the new Part 9 scheme for the old in 2009. In these circumstances, I consider that the 2006 Regulations as amended in 2009 should be read as providing for damages only upon satisfaction of the Francovich conditions. That is also consistent with the use of the word ‘may’ which otherwise seems to me to have no real significance.’ NDA’s appeal as to this element succeeded.

Judges:

Lord Neuberger, President, Lady Hale, Deputy President, Lord Mance, Lord Sumption, Lord Carnwath

Citations:

[2017] UKSC 34, [2017] WLR(D) 272, [2017] 3 CMLR 13, [2017] BLR 351, [2017] 4 All ER 1, [2017] 1 WLR 1373, 171 Con LR 16, [2017] PTSR 539, UKSC 2016/0006

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary Video, SC 010317 am Video, SC 01032017pm Video, SC 02032017am Video

Statutes:

(Parliament and Council Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, Public Contracts Regulations 2006

Jurisdiction:

England and Wales

Citing:

See Also – Energysolutions EU Ltd v Nuclear Decommissioning Authority TCC 29-Jul-2016
Claim challenging the procurement of decommissioning contracts.
Held: CFP should have been disqualified from the competition for failing two threshold requirements, and, in any event, RSS would have won the competition had the NDA not made . .
Appeal from – Energysolutions EU Ltd v Nuclear Decommissioning Authority CA 15-Dec-2015
The claimant had tendered for a part in a major nuclear decommissioning project. . .
Cited – Gebroeders Beentjes Bv v State Of The Netherlands ECJ 20-Sep-1988
(Approximation Of Laws ) Procedure for the award of public works contracts.
The provisions of the Directives were unconditional and sufficiently precise to be relied upon by persons before national courts, despite the absence of explicit . .
Cited – Francovich, Bonifaci and others v Italy ECJ 19-Nov-1991
LMA The claimants, a group of ex-employees sought arrears of wages on their employers’ insolvency. The European Directive required Member States to provide a guarantee fund to ensure payment of employees’ arrears . .
Cited – Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4) ECJ 5-Mar-1996
Member states may be liable to individuals for their failure to implement EU laws. The right of individuals to rely on directly applicable provisions of the EC Treaty before national courts is not sufficient in itself to ensure full and complete . .
Cited – Gesellschaft fur Abfallentsorgungs-Technik GmbH (GAT) v Osterreichische Autobahnen und Schnellstrassen AG (OSAG) ECJ 19-Jun-2003
Europa Reference for a preliminary ruling – Public contracts – Directive 89/665/EEC – Review procedures concerning the award of public contracts – Power of the body responsible for review procedures to consider . .
Cited – Kobler v Republik Osterreich ECJ 30-Sep-2003
The claimant’s claim had been presented to the Supreme Administrative Court in Austria, who had referred a question to the ECJ. Following the Schoning decision, the court withdrew the referral, and dismissed the claim. He now claimed damages from . .
Cited – Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-295/04 ECJ 13-Jul-2006
ECJ Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on . .
Cited – Rizeni Letoveho Provozu UR SP v Bundesamt fur Finanzen ECJ 15-Feb-2007
Europa (Taxation) Thirteenth VAT Directive Article 2(2) GATS Most-favoured-nation clause Interpretation of secondary Community law in the light of international agreements concluded by the Community . .
Cited – Combinatie Spijker Infrabouw v De Jonge Konstruktie And Others (Law Relating To Undertakings) ECJ 14-Sep-2010
ECJ (Opinion) Public procurement – Review procedures concerning the award of public supply and public works – Provisional Measures – Damage and losses arising from breach of EU law – Criteria for the allocation . .
Cited – Strabag and Others (Freedom To Provide Services) ECJ 30-Sep-2010
ECJ Directive 89/665/EEC – Public procurement – Review procedures – Actions for damages – Unlawful award – National rule on liability based on a presumption that the contracting authority is at fault. . .
At CA – Energy Solutions EU Ltd v Nuclear Decommissioning Authority TCC 23-Jan-2014
This litigation concerns the procurement process for a contract in relation to the decommissioning of nuclear installations. The Claimant is a company which provides integrated waste management and decommissioning services for the nuclear industry. . .
Cited – Association Justice and Environment v Commission ECFI 23-Jan-2017
ECJ (Judgment) Access to documents – Regulation (EC) No 1049/2001 – Documents relating to an infringement procedure opened by the Commission against the Czech Republic – Refusal of access – Exception concerning . .
At TCC (2) – Energysolutions EU Ltd v Nuclear Decommissioning Authority TCC 29-Jul-2016
Claim challenging the procurement of decommissioning contracts.
Held: CFP should have been disqualified from the competition for failing two threshold requirements, and, in any event, RSS would have won the competition had the NDA not made . .
Cited – Marleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
Disapproved – Matra Communication SAS v Home Office CA 25-Feb-1999
In the absence of comparable situations, a member state is entitled to choose the time limits within which a public service contract is to be challenged, provided only that it did not make it impossible to challenge and there was no prejudice . .
Cited – Regina v Montila and Others HL 25-Nov-2004
The defendants faced charges under the two Acts. They raised as a preliminary issue whether it is necessary for the Crown to prove that the property being converted was in fact the proceeds, in the case of the 1994 Act, of drug trafficking and, in . .
Cited – Phonographic Performance Limited v Department of Trade and Industry HM Attorney General ChD 23-Jul-2004
The claimant represented the interests of copyright holders, and complained that the defendant had failed to implement the Directive properly, leaving them unable properly to collect royalties in the music rental market. The respondent argued that . .
Cited – Norbrook Laboratories v Ministry of Agriculture, Fisheries and Food ECJ 2-Apr-1998
ECJ Directives 81/851/EEC and 81/852/EEC – Veterinary medicinal products – Marketing authorisation . .
Lists of cited by and citing cases may be incomplete.

European, Contract, Commercial, Damages

Updated: 26 July 2022; Ref: scu.581646

Commune De Braine-Le-Chateau (Environment And Consumers): ECJ 1 Apr 2004

ECJ Directives 75/442/EEC and 91/156/EEC – Waste – Management plans – Suitable sites and installations for waste disposal – Permit granted in the absence of a management plan containing a map specifying planned locations for disposal sites

Citations:

C-217/02, [2004] EUECJ C-217/02

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 26 July 2022; Ref: scu.213795

Forvaltnings AB Stenholmen v Riksskatteverket: ECJ 1 Apr 2004

ECJ Judgment – Sixth VAT Directive – Article 26a – Special arrangements applicable to second-hand goods – The term ‘second-hand goods’ – Horse sold on after training

Citations:

C-320/02, [2004] EUECJ C-320/02, [2006] BVC 82, [2004] STI 989, [2004] ECR I-3509, [2004] CEC 248, [2006] BTC 5013, [2004] 2 CMLR 56, [2004] STC 1041, [2004] All ER (EC) 870

Links:

Bailii

Jurisdiction:

European

Cited by:

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

VAT

Updated: 26 July 2022; Ref: scu.195734

Commission v Luxembourg C-375/03: ECJ 1 Apr 2004

(Judgment) APPLICATION for a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community (OJ 2000 L 203, p. 1), or, in any event, by failing to inform the Commission thereof, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that Directive,

Citations:

C-375/03, [2004] EUECJ C-375/03

Links:

Bailii

Jurisdiction:

European

European

Updated: 26 July 2022; Ref: scu.195738

Commission v Italy C-99/02: ECJ 1 Apr 2004

ECJ (Judgment) Failure of a Member State to fulfil obligations – State aid – Second paragraph of Article 88(2) EC – Aids incompatible with the common market – Obligation to recover – Absolute impossibility of implementation

Citations:

[2004] ECR I-9761, [2004] EUECJ C-99/02

Links:

Bailii

Jurisdiction:

European

European

Updated: 26 July 2022; Ref: scu.195727

Commune de Braine-le-Chateau and Michel Tillieut and Others v Region Wallonee: ECJ 1 Apr 2004

ECJ Directives 75/442/EEC and 91/156/EEC – Waste – Management plans – Suitable sites and installations for waste disposal – Permit granted in the absence of a management plan containing a map specifying planned locations for disposal sites. The Court referred to the Directive as ‘a policy framework’ . . which need not necessarily describe in minute detail all aspects of current and future waste disposal management, including sites.’ Management plans may not be determinative: ‘ . . management plans cannot in all cases be the only factor which determines the exact location of waste disposal sites, inasmuch as the final decision concerning location in some circumstances depends on the relevant rules relating to land-use planning and, in particular, the consultation and decision-making procedures implemented pursuant to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment . . as amended . . ‘

Judges:

Advocate General Mishko

Citations:

C-53/02, [2004] EUECJ C-53/02

Links:

Bailii

Statutes:

Directive 75/442/EEC, Directive 91/156/EEC

Jurisdiction:

European

Cited by:

Cited – Derbyshire Waste Ltd v Blewett and Another CA 11-Nov-2004
Glapswell Colliery had closed. The owners sought to use it for waste disposal by landfill. The objector had obtained judicial review of the permission granted.
Held: The intention of the Landfill Directive was to discourage its use other than . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 26 July 2022; Ref: scu.195725

Commission v Italy (Judgment): ECJ 9 Dec 2003

Europa Failure of a Member State to fulfil obligations – Construction contrary to Community law of national legislation by case-law and administrative practice – Conditions for the recovery of sums paid though not due.

Citations:

[2006] 2 CMLR 1, [2003] EUECJ C-129/00, [2003] ECR I-14637

Links:

Bailii

Jurisdiction:

European

Equity

Updated: 26 July 2022; Ref: scu.189876

Jochen Schweizer v EUIPO (Du Bist, Was Du Erlebst): ECFI 31 May 2016

(Judgment) Mark of the European Union – Application for verbal mark of the European Union Du bist, was du erlebst. – Absolute grounds for refusal – Trade mark consisting of an advertising slogan – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009 ‘

Citations:

T-301/15, [2016] EUECJ T-301/15, ECLI:EU:T:2016:324

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 25 July 2022; Ref: scu.564885

Reha Training v GEMA eV: ECJ 31 May 2016

ECJ (Judgment) Preliminary reference – Intellectual property – Copyright and related rights – Directive 2001/29 / EC – Article 3, paragraph 1 – Directive 2006/115 / EC – Article 8, paragraph 2 – Concept of ‘communication to the public’ – Installation of television sets by the operator of a rehabilitation center in order to allow patients to watch television programs

Citations:

C-117/15, [2016] EUECJ C-117/15, ECLI:EU:C:2016:379

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 25 July 2022; Ref: scu.564893

Warimex v EUIPO (Stone): ECFI 31 May 2016

ECJ (Judgment) Mark of the European Union – Application for figurative mark of the European Union STONE – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1 c) of Regulation (EC) No 207/2009

Citations:

T-454/14, [2016] EUECJ T-454/14, ECLI:EU:T:2016:325

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 25 July 2022; Ref: scu.564899

Outokumpu and Luvata v Commission: ECFI 6 May 2009

ECJ Competition – Agreements, decisions and concerted practices – Market for copper industrial tubes Decision finding an infringement of Article 81 EC – Price-fixing and market-sharing – Fines – Size of the market concerned Aggravating circumstances – Repeat infringement

Citations:

[2009] EUECJ T-122/04

Links:

Bailii

European, Commercial

Updated: 24 July 2022; Ref: scu.342056

Visciano v Istituto nazionale della previdenza soziale: ECJ 2 Apr 2009

ECJ Social policy Approximation of laws Protection of employees in the event of employer insolvency – Directive 80/987 / EEC Obligation to pay claims arising from an employment relationship within the limit of a ceiling legal nature of the claims employed person in respect of the guarantee institution limitation periods general Principles of law Principles of equivalence and effectiveness of equality principle

Citations:

C-69/08, [2009] EUECJ C-69/08

Links:

Bailii

Statutes:

Directive 80/987/EEC

Cited by:

Opinion – Visciano v Istituto nazionale della previdenza soziale ECJ 16-Jul-2009
ECJ Social policy Protection of workers Insolvency of employer Directive 80/987/EEC Obligation to pay all outstanding claims up to a pre-established ceiling Nature of an employee’s claims against a guarantee . .
Lists of cited by and citing cases may be incomplete.

European, Employment, Insolvency

Updated: 24 July 2022; Ref: scu.342052

Italy v Parliament C-393/07 (Law Governing The Institutions): ECJ 30 Apr 2009

ECJ Action for annulment – Decision of the European Parliament of 24 May 2007 on the verification of the credentials of Beniamino Donnici Member of the European Parliament Verification of the credentials of a Member of the Parliament Appointment of a member resulting from the withdrawal of candidates Articles 6 and 12 of the 1976 Act.

Citations:

C-393/07, [2009] EUECJ C-393/07

Links:

Bailii

Jurisdiction:

European

European

Updated: 24 July 2022; Ref: scu.342032

Italy v Parliament C-9/08 (Law Governing The Institutions): ECJ 30 Apr 2009

ECJ Action for annulment Decision of the European Parliament of 24 May 2007 on the verification of the credentials of Beniamino Donnici Member of the European Parliament – Verification of the credentials of a Member of the Parliament Appointment of a member resulting from the withdrawal of candidates Articles 6 and 12 of the 1976 Act.

Citations:

C-9/08, [2009] EUECJ C-9/08

Links:

Bailii

Jurisdiction:

European

European

Updated: 24 July 2022; Ref: scu.342033

Bios Naturprodukte GmbH v Saarland intervening party: Vertreter des Bundesinteresses beim Bundesverwaltungsgericht (Approximation Of Laws): ECJ 30 Apr 2009

ECJ Directive 2001/83/EC Article 1(2)(b) Concept of ‘medicinal product by function’ Dosage of the product Normal conditions of use Risk to health Ability to restore, correct or modify physiological functions in human beings.

Citations:

C-27/08, [2009] EUECJ C-27/08

Links:

Bailii

Jurisdiction:

European

European

Updated: 24 July 2022; Ref: scu.342018

Iberian (Uk) Ltd v BPB Industries Plc and Another: ChD 15 May 1996

UK courts should avoid creating procedures inconsistent with European decisions: ‘The necessity of avoiding conflicting decisions between the Commission and national courts is a theme which runs through a number of European and English domestic cases, as I will set out below. It is an objective which makes obvious sense. The European Union is intended to be a cohesive economic unit. It would interfere with that cohesiveness if a finding by the specialist competition authority of the Community that there had been an abuse of dominant position was undermined by decisions of national courts, some of which came to the same conclusion and others of which came to the opposite conclusion.’

Judges:

Laddie J

Citations:

Times 15-May-1996, [1997] Eu LR 1

Jurisdiction:

England and Wales

Cited by:

Cited – Crehan v Inntrepreneur Pub Company (CPC) CA 21-May-2004
The claimant had taken two leases, but had been made subject to beer ties with the defendant. He claimed damages for the losses, saying he had been forced to pay higher prices than those allowed to non-tied houses, and that the agreement was . .
Cited – Inntrepreneur Pub Company (CPC) and others v Crehan HL 19-Jul-2006
The tenant had taken on pub leases with ties requiring him to buy beer from companies associated with the landlords. The European Commission had issued a decision and the House was asked whether this was binding on the parties.
Held: . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 24 July 2022; Ref: scu.81589

C P M Meeusen v Hoofddirectie Van De Informatie Beheer Groep Case C-337/97: ECJ 6 Oct 1999

Though M and his parents resided in Belgium, and M studied in Belgium, M’s father and mother worked in their company in the Netherlands. The Belgian refused a student grant because M’s parents did not work in Belgium. The court re-emphasised the obligations of countries not to discriminate against dependants of workers in other member states, and upheld the claim for financial support.

Citations:

Gazette 06-Oct-1999

Jurisdiction:

European

European, Benefits

Updated: 24 July 2022; Ref: scu.78812

Football Dataco Ltd and Others v Sportradar Gmbh and Another: CA 29 Mar 2011

Matter referred to ECJ. The claimants sougt to restraiin alleged breach of database rights by the defendants in lists of Football League fixtures.

Citations:

[2011] EWCA Civ 330

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Football Dataco Ltd and Others v Sportradar Gmbh and Another ChD 17-Nov-2010
The claimants complained of alleged breach of database rights claimed by the claimants in their lists of football match schedules. . .

Cited by:

At CA – Football Dataco Ltd and Others v Sportradar Gmbh and Another ChD 8-May-2012
. .
Reference – 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.

Jurisdiction, European, Intellectual Property

Updated: 23 July 2022; Ref: scu.431246

Assitur Srl v Camera di Commercio, Industria, Artigianato e Agricoltura di Milano (Law Relating To Undertakings): ECJ 10 Feb 2009

ECJ Public service contracts Directive 92/50/EEC Article 29 National legislation precluding the simultaneous participation in a tendering procedure of undertakings which are linked by a relationship of control as defined by Article 2359 of the Italian Civil Code Proportionality.

Citations:

C-538/07, [2009] EUECJ C-538/07 – O, [2009] EUECJ C-538/07

Links:

Bailii, Bailii

European

Updated: 23 July 2022; Ref: scu.286149

Regina v Inland Revenue Commissioners Ex Parte Commerzbank: ECJ 21 Jul 1993

UK provision on company domicile/taxation is unfair to Overseas companies.
Europa Freedom of movement for persons – Freedom of establishment – Tax legislation – Right to repayment supplement when tax paid but not due is refunded – Refund only available to companies resident for tax purposes in national territory – Not permissible – Tax not due on the ground that residence for tax purposes is abroad – Irrelevant (EEC Treaty, Arts 52 and 58)
Articles 52 and 58 of the Treaty prevent the legislation of a Member State from granting repayment supplement on overpaid tax to companies which are resident for tax purposes in that State whilst refusing the supplement to companies resident for tax purposes in another Member State. The fact that the latter would not have been exempt from tax if they had been resident in that State is of no relevance in that regard. Although it applies independently of a company’ s seat and therefore of the factor connecting it with the legal system of a particular State, the use of the criterion of fiscal residence within national territory for the purpose of granting repayment supplement on overpaid tax is liable to work more particularly to the disadvantage of companies having their seat in other Member States since it is most often those companies which are resident for tax purposes outside the territory of the Member State in question.

Citations:

Times 21-Jul-1993, C-330/91, [1993] EUECJ C-330/91

Links:

Bailii

Jurisdiction:

European

Income Tax, European

Updated: 23 July 2022; Ref: scu.86933

Franz Egenberger GmbH Molkerei und Trockenwerk v Bundesanstalt fur Landwirtschaft und Ernahrung, intervening party: Fonterra (Logistics) Ltd: ECJ 11 Jul 2006

ECJ Milk and milk products – Regulation (EC) No 2535/2001 – New Zealand butter – Import licence procedures – Inward Monitoring Arrangement (IMA 1) certificate.

Citations:

C-313/04, [2006] EUECJ C-313/04

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Rotherham Metropolitan Borough Council and Others, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 25-Feb-2015
Appeal about the distribution of European Structural Funds among the regions of the United Kingdom. It arises out of the complaint of a number of local authorities in Merseyside and South Yorkshire about the way in which it is proposed to distribute . .
Lists of cited by and citing cases may be incomplete.

Agriculture

Updated: 21 July 2022; Ref: scu.243088

HC v Commission: ECJ 20 Jul 2016

ECJ (Judgment) Public service – Temporary staff – Succession commitments under various statutes to several EU institutions – Interruption by a period of unemployment – continue Affiliation to the Joint Sickness Insurance Scheme of the Union – New commitment – Article 13 of CEOS – medical examination prior to hiring – Article 32 of the CEOS – No declaration by the person concerned an illness which he was already affected – Discovery later by AHCC – retroactive application of a medical reserve a time five – Dispute – Referral to the invalidity Committee – Duty of loyalty – AHCC’s decision to deprive any recruiter from the institution for a period of six years

Judges:

S. Van Raepenbusch, P

Citations:

F-132/15, [2016] EUECJ F-132/15

Links:

Bailii

Jurisdiction:

European

Employment

Updated: 21 July 2022; Ref: scu.567324

Maschek v Magistratsdirektion der Stadt Wien – Personalstelle Wiener Stadtwerke: ECJ 20 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Article 7 – Right to paid annual – Retirement at the request of the party concerned – Worker failing to use up all his entitlement to annual paid leave before the termination of his work relations – National legislation excluding allowance in lieu of paid annual leave not taken – Sick leave – Public servants

Citations:

ECLI:EU:C:2016:576, [2016] EUECJ C-341/15

Links:

Bailii

Statutes:

Directive 2003/88/EC 7

Jurisdiction:

European

Employment

Updated: 21 July 2022; Ref: scu.567413

Barroso Truta And Others v Court Of Justice Of The European Union: ECJ 20 Jul 2016

(Judgment) Civil service – Contract staff – Pensions – Article 11 (2) of Annex VIII to the Staff Regulations – Transfer to the Union pension scheme of previously acquired pension rights under national schemes – Proposals for a subsidy of annuities made by the AHCC – Invitation to contact the administration for explanations and to discuss the appropriateness of making the transfers – Acceptance by the transfer agents of their national pension rights without prior consultation with the AHCC – Character transfer order – Subsequent discovery of the ‘minimum subsistence’ rule – fourth paragraph of Article 77of the Staff Regulations – Duty of care – Insufficient provision of information provided by AHCC when forwarding annuity bonus proposals – Claim for damages – Failure to comply with the requirements of the pre-litigation procedure – Inadmissibility

Citations:

F-126/15, [2016] EUECJ F-126/15

Links:

Bailii

Jurisdiction:

European

Employment

Updated: 21 July 2022; Ref: scu.567320

GY v Commission: ECJ 20 Jul 2016

ECJ (Judgment) Public service – Open competition – Notice of competition EPSO / AD / 293/14 – Insufficient number of points to the test of’ talent evaluator ‘- Non-admission to the assessment center – Rejection of the application for review

Citations:

F-123/15, [2016] EUECJ F-123/15

Links:

Bailii

Jurisdiction:

European

Employment

Updated: 21 July 2022; Ref: scu.567322

Adriaen and Others v Commission: ECJ 20 Jul 2016

(Judgment) Civil service – Officials – Article 45 of the Staff Regulations – 2014 promotion exercise – General implementing provisions for Article 45 of the Staff Regulations – Lists of officials proposed for promotion by the Directors-General and heads of service – Omission of the applicants’ names – Possibility of challenging before the Joint Promotion Committee the list of officials proposed for promotion – Consideration of the comparative merits of the officials eligible for promotion – Opinions adopted by a joint body – Obligation to state grounds

Citations:

F-113/15, [2016] EUECJ F-113/15

Links:

Bailii

Jurisdiction:

European

Employment

Updated: 21 July 2022; Ref: scu.567317

HL v Commission: ECJ 20 Jul 2016

ECJ Judgment – Civil service – Officials – Article 45 of the Staff Regulations – 2014 promotion exercise – General implementing provisions for Article 45 of the Staff Regulations – List of officials proposed for promotion by the Directors-General and heads of service – Omission of the applicant’s name – Possibility of challenging before the Joint Promotion Committee the list of officials proposed for promotion – Consideration of the comparative merits of the officials eligible for promotion – Opinions adopted by a joint body – Obligation to state grounds

Citations:

F-112/15, [2016] EUECJ F-112/15

Links:

Bailii

Jurisdiction:

European

Employment

Updated: 21 July 2022; Ref: scu.567326

Budejovicky Budvar v OHMI- Anheuser-Busch (Bud): ECFI 16 Dec 2008

Europa Community trade mark Opposition proceedings Applications for Community word and figurative marks BUD Appellations ‘bud’ Relative grounds for refusal Article 8(4) of Regulation (EC) No 40/94.

Citations:

T-309/06, [2008] EUECJ T-309/06

Links:

Bailii

Statutes:

Council Regulation (EC) No 40/94

European, Intellectual Property

Updated: 21 July 2022; Ref: scu.279128

Gomez-Limon v Instituto Nacional de la Seguridad Social (INSS): ECJ 4 Dec 2008

ECJ Opinion – Principle of equality of treatment of men and women in matters of social security. Calculation of the amount of an invalidity pension – Parental leave.

Citations:

C-537/07, [2008] EUECJ C-537/07 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Gomez-Limon v Instituto Nacional de la Seguridad Social (INSS) ECJ 16-Jul-2009
ECJ Social Policy – Directive 96/34/EC – Framework agreement on parental leave – Entitlements acquired or being acquired at the start of the leave – Continued receipt of social security benefits during the leave . .
Lists of cited by and citing cases may be incomplete.

European, Discrimination, Benefits

Updated: 21 July 2022; Ref: scu.278686

Commission v Greece C-489/06: ECJ 20 Nov 2008

(Law Relating To Undertakings) Opinion – Failure of a Member State to fulfil obligations Free movement of goods Directives 93/36/EEC and 93/42/EEC Hospital purchase of medical devices bearing the CE marking Protective measures Public supply contract

Citations:

C-489/06, [2008] EUECJ C-489/06 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Commission v Greece C-489/06 ECJ 19-Mar-2009
Failure of a Member State to fulfil obligations Directives 93/36/EEC and 93/42/EEC Public contracts Procedures for the award of public supply contracts Hospital supplies . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 21 July 2022; Ref: scu.278355

Bookmakers’ Afternoon Greyhound Services Ltd and others v Amalgamated Racing Ltd and others (No 2): ChD 6 Nov 2008

Judges:

Morgan J

Citations:

[2008] EWHC 2688 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Bookmakers Afternoon Greyhound Services Ltd and others v Amalgamated Racing Ltd and others ChD 8-Aug-2008
Various racecourses had combined together to sell the rights to televise their races to bookmakers. The bookmakers complained that the combination was anti-competitive and in breach of European law. . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Commercial, European

Updated: 19 July 2022; Ref: scu.277736

Tv 2/Danmark v Commission (State Aid): ECFI 22 Oct 2008

Europa State aid Measures implemented by the Danish authorities for the public broadcaster TV2 to finance its public service remit – Measures classified as State aid partly compatible and partly incompatible with the common market – Actions for annulment – Admissibility Interest in bringing proceedings Rights of the defence – Public broadcasting service – Definition and financing – State resources – Obligation to state the reasons on which the decision is based – Obligation to examine.

Citations:

T-317/04, [2008] EUECJ T-317/04

Links:

Bailii

Jurisdiction:

European

European

Updated: 19 July 2022; Ref: scu.277131

Tv 2/Danmark v Commission (State Aid) T-309/04: ECFI 22 Oct 2008

Europa State aid Measures implemented by the Danish authorities for the public broadcaster TV2 to finance its public service remit – Measures classified as State aid partly compatible and partly incompatible with the common market – Actions for annulment – Admissibility Interest in bringing proceedings Rights of the defence – Public broadcasting service – Definition and financing – State resources – Obligation to state the reasons on which the decision is based – Obligation to examine.

Citations:

[2008] EUECJ T-309/04

Links:

Bailii

Jurisdiction:

European

European

Updated: 19 July 2022; Ref: scu.277130

Tv 2/Danmark v Commission (State Aid) T-329/04: ECFI 22 Oct 2008

Europa State aid Measures implemented by the Danish authorities for the public broadcaster TV2 to finance its public service remit Measures classified as State aid partly compatible and partly incompatible with the common market Actions for annulment Admissibility Interest in bringing proceedings Rights of the defence Public broadcasting service Definition and financing State resources Obligation to state the reasons on which the decision is based Obligation to examine.

Citations:

[2008] EUECJ T-329/04

Links:

Bailii

Jurisdiction:

European

European

Updated: 19 July 2022; Ref: scu.277132

JT v EUIPO – Carrasco Pirard (Quilapayasn) (Judgment) French Text: ECFI 11 Dec 2017

European Union mark – Opposition procedure – Application for a mark of the figurative European Union QUILAPAYUN – Relative ground for refusal – Well-known mark – Article 8 (2) (c) of Regulation (EC) No 207 / 2009 [renumbered as Article 8 (2) (c) of Regulation (EU) 2017/1001] – Proprietor of the mark

Citations:

ECLI: EU: T: 2017: 885, [2017] EUECJ T-249/15

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 19 July 2022; Ref: scu.601075

Nunez Torreiro (Approximation of Laws Approximation of Laws): ECJ 20 Dec 2017

Reference for a preliminary ruling – Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Article 3, first paragraph – Concept of ‘use of vehicles’ – National legislation excluding the driving of motor vehicles on roads and terrain that are not ‘suitable for use by motor vehicles’, with the exception of those which, though not suitable, are nonetheless ‘ordinarily so used’

Citations:

C-334/16, [2017] EUECJ C-334/16, ECLI:EU:C:2017:1007

Links:

Bailii

Jurisdiction:

European

Road Traffic, Insurance

Updated: 19 July 2022; Ref: scu.602101

ER v Wetteraukreis: ECJ 25 Sep 2008

ECJ (External Relations) EEC-Turkey Association Agreement Decision No 1/80 of the Association Council Article 7, first paragraph, second indent Right of residence of the adult child of a Turkish worker Absence of paid employment Conditions governing the loss of acquired rights.

Citations:

C-453/07, [2008] EUECJ C-453/07

Links:

Bailii

European

Updated: 19 July 2022; Ref: scu.276459

Rank Group Ltd v Revenue and Customs: VDT 19 Aug 2008

VDT COMMUNITY LAW – Fiscal neutrality – Exemption – Gaming – Provision of gaming machines excluded from exemption – Similar supplies under Part III of Gaming Act 1968 exempt – Whether principle of fiscal neutrality infringed in law or in practice – Whether defence of due diligence by UK possible – Linneweber [2008] STC 1069 ECJ applied – EC 6th Directive (77/388/EEC) Art 13B(f) – VATA 1944 Sch 9, Grp 4, Item 1, Note (1)(d) and (3) – Interim decision.

Citations:

[2008] UKVAT V20777

Links:

Bailii

Statutes:

Gaming Act 1968

Jurisdiction:

England and Wales

Citing:

See Also – The Rank Group Plc v Revenue and Customs VDT 27-May-2008
VDT EXEMPT SUPPLIES – Gaming – Mechanised cash bingo under Gaming Act 1968 s.14 excluded from exemption – Similar supplies under s.21 exempt – Whether principle of fiscal neutrality infringed – Same company . .

Cited by:

At VDT (2) – Revenue and Customs v The Rank Group ChD 8-Jun-2009
The court was asked whether the VAT treatment of mechanised cash bingo breaches the principle of fiscal neutrality: and the core issue on the appeal is whether the burden lay on Rank to adduce evidence to prove not only that there was a difference . .
At VDT (2) – The Rank Group Plc v Revenue and Customs FTTTx 11-Dec-2009
FTTTx Community Law – Fiscal neutrality – Exemption – Exclusion of provision of ‘gaming machines’ from exemption – Whether taxed machines similar to exempt machines – Relevance of regulatory regime – TNT [2009] . .
At VDT (2) – Commissioners for Her Majesty’s Revenue and Customs v Rank Group plc C-260/10 ECJ 10-Nov-2011
ECJ Taxation – Sixth VAT Directive – Exemptions – Article 13B(f) – Betting, lotteries and other forms of gambling – Principle of fiscal neutrality – Mechanised cash bingo – Slot machines – Administrative practice . .
At VDT (2) – Commissioners for Her Majesty’s Revenue and Customs v Rank Group plc C-259/10 ECJ 10-Nov-2011
ECJ Taxation – Sixth VAT Directive – Exemptions – Article 13B(f) – Betting, lotteries and other forms of gambling – Principle of fiscal neutrality – Mechanised cash bingo – Slot machines – Administrative practice . .
At VDT (2) – HMRC v The Rank Group Plc UTTC 4-Oct-2012
Taxation – whether gaming or betting and the different VAT Treatment of newer gaming machines. . .
At VDT (2) – HM Revenue and Customs v The Rank Group Plc CA 30-Oct-2013
The tax payer had sought repayment of sums of VAT charged to a particular form of gaming, saying that the rules infringed the principles of fiscal neutrality under European law. HMRC now appealed against a finding that the machines were exempt from . .
At VDT (2) – Revenue and Customs v The Rank Group Plc SC 8-Jul-2015
The question raised by this appeal is whether, during the period 1 October 2002 to 5 December 2005, the takings on a particular category of gaming machines operated by the appellants were subject to VAT. The answer depends on whether the takings . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 19 July 2022; Ref: scu.273028

Bookmakers Afternoon Greyhound Services Ltd and others v Amalgamated Racing Ltd and others: ChD 8 Aug 2008

Various racecourses had combined together to sell the rights to televise their races to bookmakers. The bookmakers complained that the combination was anti-competitive and in breach of European law.

Judges:

Morgan J

Citations:

[2008] EWHC 1978 (Ch)

Links:

Bailii

Statutes:

Competition Act 1998, EC Treaty 81

Jurisdiction:

England and Wales

Cited by:

See Also – Bookmakers’ Afternoon Greyhound Services Ltd and others v Amalgamated Racing Ltd and others (No 2) ChD 6-Nov-2008
. .
Lists of cited by and citing cases may be incomplete.

Media, Intellectual Property, European, Commercial

Updated: 19 July 2022; Ref: scu.272305

Thames Water Utilities Ltd, Regina (on the Application of) v Bromley Magistrates Court: Admn 28 Jul 2008

Whether escapes of waste water from a public sewerage system are ‘Directive waste’ within the scope of the Waste Framework Directive, and thus subject to the enforcement authority of the Environment Agency under section 33 of the 1990 Act.

Judges:

Carnwath LJ, Bean J

Citations:

[2008] EWHC 1763 (Admin)

Links:

Bailii

Statutes:

Environmental Protection Act 1990 33

Utilities, Environment, European

Updated: 19 July 2022; Ref: scu.272301

Giovanni De Cicco v Landesversicherungsanstalt Schwaben: ECJ 19 Dec 1968

ECJ 1. Procedure – references for preliminary ruling – jurisdiction of the court – limits – task of national courts or tribunals (EEC treaty, article 177) 2. Procedure – references for preliminary ruling – reference to the court by a national court or tribunal – conditions (EEC treaty, article 177) 3. Procedure – references for preliminary ruling – participation in proceedings – limits (statute of court of justice of the EEC, article 20) 4. Social security for migrant workers – wage – earners – assimilated workers – concept – craftsmen – insurance periods – concept (regulation no 3 of the council concerning social security for migrant workers) 5. Social security for migrant workers – regulation no 4 – annexes 7 and 9 – declaratory nature

Citations:

C-19/68, R-19/68, [1968] EUECJ R-19/68

Links:

Bailii

Jurisdiction:

European

European

Updated: 18 July 2022; Ref: scu.214076

Broomco (1984) Ltd v Customs and Excise: Cust 4 Jul 2002

Post-Clearance Demands – New Zealand butter – Cleared on basis of certificates by New Zealand authorities – Later dispute as to validity – Quota under Protocol 18 of Accession Treaty – Whether post-clearance recovery impliedly excluded – No – Current access under WTO agreements – No exclusion in principle of post – clearance recovery under WTO law.

Citations:

[2002] UKVAT-Customs C00169

Links:

Bailii

Jurisdiction:

England and Wales

Customs and Excise, European

Updated: 18 July 2022; Ref: scu.271359

Metock And Others v Minister for Justice, Equality and Law Reform: ECJ 25 Jul 2008

ECJ Directive 2004/38/EC – Right of Union citizens and their family members to move and reside freely in the territory of a Member State – Family members who are nationals of non-member countries – Nationals of non-member countries who entered the host Member State before becoming spouses of Union citizens.
No impediment should be placed in the way of a European Union citizen which might realistically deter him from choosing to work, for example, in a city in another member state, as opposed to one in his state of origin.

Citations:

C-127/08, [2008] EUECJ C-127/08

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Pedro v Secretary of State for Work and Pensions CA 14-Dec-2009
The claimant, an EU national, came to the UK to join her son. He had worked but became dependent on benefits. She sought payment of the State Pension.
Held: A refusal to pay the pension would dissuade workers from moving around within the EU, . .
Cited – HB (EEA Right To Reside, Metock) Algeria AIT 15-Sep-2008
AIT 1. The ruling of the European Court of Justice in Metock (Case C-127/08 judgment 25 July 2008, [2008] EUECJ C-127/08) establishes that a third-country national in the United Kingdom who is a family member of . .
Cited – Prix v Secretary of State for Work and Pensions SC 31-Oct-2012
The claimant had come from France to England, and worked as a teaching assistant. She set out on a course to train as a teacher but became pregnant, gave up the course, and eventually gave up work temporarily. Her claim to Income Support was refused . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 18 July 2022; Ref: scu.271129

Murphy v Media Protection Services Ltd: Admn 16 Jul 2008

The defendant publican appealed against convictions for dishonestly receiving a broadcast programme with intent to avoid payment.

Citations:

[2008] EWHC 1666 (Admin), [2008] FSR 33, [2008] UKCLR 427

Links:

Bailii

Statutes:

Copyright, Design and Patents Act 1988 297(1)

Jurisdiction:

England and Wales

Citing:

See Also – The Football Association Premier League Ltd v QC Leisure and others ChD 18-Jan-2008
The court considered interlocutory applications in an action for copyright infringement alleging the unauthorised broadcast of football matches. . .
Lists of cited by and citing cases may be incomplete.

Crime, Media, Intellectual Property, European

Updated: 17 July 2022; Ref: scu.270848

TTL (Freedom To Provide Services – Corporate Taxation – Payments Made By A Company Resident In A Member State To Non-Resident Companies – Judgment): ECJ 25 Jul 2018

Reference for a preliminary ruling – Freedom to provide services – Corporate taxation – Payments made by a company resident in a Member State to non-resident companies for the leasing of rail tankers – Obligation to charge withholding tax on income from a domestic source paid to a non-resident company – Non-compliance – Double taxation conventions – Charging the resident company default interest for non-payment of the withholding tax – Interest payable from the expiry of the statutory time limit for payment until the date on which evidence that the double taxation convention is applicable is furnished – Irrecoverable interest

Citations:

C-553/16, [2018] EUECJ C-553/16

Links:

Bailii

Jurisdiction:

European

Taxes – Other

Updated: 17 July 2022; Ref: scu.621602