Tag: European

Marra v De Gregorio C-200/07 (Privileges and Immunities): ECJ 26 Jun 2008

ECJ Opinion – Reference for a preliminary ruling from the Corte Suprema di Cassazione (Italy)

Judges:

Maduro AG

Citations:

[2008] EUECJ C-200/07 – O

Links:

Bailii

Cited by:

Opinion – Marra v De Gregorio C-200/07 ECJ 21-Oct-2008
ECJ Reference for a preliminary ruling European- Parliament – Leaflet issued by a Member of the European Parliament containing insulting remarks Claim for non-pecuniary damages Immunity of Members of the European . .
Lists of cited by and citing cases may be incomplete.

European, Constitutional

Updated: 17 July 2022; Ref: scu.270542

Marra v De Gregorio C-201/07: ECJ 26 Jun 2008

ECJ Opinion – Privileges And Immunities – Reference for a preliminary ruling from the Corte Suprema di Cassazione (Italy)

Judges:

Maduro AG

Citations:

[2008] EUECJ C-201/07 – O

Links:

Bailii

Cited by:

Opinion – Marra v De Gregorio C-201/07 (Privileges And Immunities) ECJ 21-Oct-2008
ECJ Grand Chamber – Reference for a preliminary ruling European Parliament Leaflet issued by a Member of the European Parliament containing insulting remarks – Claim for non-pecuniary damages – Immunity of . .
Lists of cited by and citing cases may be incomplete.

European, Constitutional

Updated: 17 July 2022; Ref: scu.270543

Olympiaki Aeroporia Ypiresies v Commission (State Aid): ECFI 25 Jun 2008

ECJ State Aid for airlines on account of losses caused by the terrorist attacks of 11 September 2001 – Decision declaring the aid scheme incompatible, in part, with the common market and ordering recovery of aid paid Article 87(2)(b) EC Communication from the Commission of 10 October 2001 on the repercussions of the terrorist attacks of 11 September – Causal connection between the exceptional occurrence and the damage – Obligation to state the reasons on which the decision is based.

Citations:

T-268/06, [2008] EUECJ T-268/06

Links:

Bailii

European

Updated: 17 July 2022; Ref: scu.270391

Glaxosmithkline, Laboratoires Glaxosmithkline v Jean-Pierre Rouard (Area of Freedom, Security and Justice): ECJ 22 May 2008

ECJ Regulation (EC) No 44/2001 Section 5 of Chapter II Jurisdiction over individual contracts of employment Section 2 of Chapter II Special jurisdiction Article 6, point 1 More than one defendant).

Citations:

C-462/06, [2008] EUECJ C-462/06

Links:

Bailii

Statutes:

Regulation (EC) No 44/2001

European, Employment

Updated: 15 July 2022; Ref: scu.268814

Van der Linden: ECJ 14 Mar 1996

ECJ (Judgment) Article 47(1) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, as amended by the Convention of 9 October 1978 on the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, is to be interpreted as meaning that, where the domestic procedural rules of the State in which application is made so permit, proof of service of the judgment delivered in the State of origin may be produced after the application has been made, in particular during the course of appeal proceedings subsequently brought by the party against whom enforcement is sought, provided that that party is given a reasonable period of time in which to satisfy the judgment voluntarily and that the party seeking enforcement bears all costs unnecessarily incurred.

Citations:

C-275/94, [1996] EUECJ C-275/94

Links:

Bailii

Jurisdiction:

European

European

Updated: 15 July 2022; Ref: scu.161441

Coop De France Betail and Viande v Commission: ECJ 17 Apr 2008

ECJ Appeal Competition Article 81(1) EC Cartel Beef and veal Suspension of imports Fixing of a union price scale Fines Determination of legal maximum of fine Article 15(2) of Regulation No 17 Taking into account of turnover of members of an association of undertakings.

Citations:

C-101/07, [2008] EUECJ C-101/07

Links:

Bailii

European

Updated: 14 July 2022; Ref: scu.266974

Bank Mellat v Council (Appeal – Strengthening of Restrictive Measures v The Islamic Republic of Iran – Opinion): ECJ 30 May 2018

Appeal – Strengthening of restrictive measures against the Islamic Republic of Iran – Sector-specific measures – Admissibility – Commencement of the Joint Comprehensive Plan of Action in the course of proceedings before the General Court of the European Union – Effect on interest in bringing appeal proceedings – Effect on continuation of interest in bringing proceedings before the General Court – No need to adjudicate – Article 275 TFEU – Jurisdiction of the General Court in Common Foreign and Security Policy matters (CFSP) – Concept of ‘restrictive measures against natural or legal persons’ – Fourth paragraph of Article 263 TFEU – Concept of ‘implementing measures’ – Article 215 TFEU – Concept of necessity – Principle of proportionality – General principles of EU law

Citations:

C-430/16, [2018] EUECJ C-430/16P – O, ECLI:EU:C:2018:345

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Bank Mellat v Council (Appeal – Strengthening of Restrictive Measures v The Islamic Republic of Iran) ECJ 6-Sep-2018
Appeal – Common Foreign and Security Policy (CFSP) – Combating of nuclear proliferation – Restrictive measures against the Islamic Republic of Iran – Sector-specific measures – Restrictions on transfers of funds involving Iranian financial . .
Lists of cited by and citing cases may be incomplete.

European, Banking

Updated: 14 July 2022; Ref: scu.616919

Lianakis and Others v Alexandroupolis and Others (Law Relating To Undertakings): ECJ 24 Jan 2008

ECJ Directive 92/50/EEC Public service contracts Carrying out of a project in respect of the cadastre, town plan and implementing measure for a residential area Criteria which may be accepted as ‘criteria for qualitative selection’ or ‘award criteria’ Economically most advantageous tender Compliance with the award criteria set out in the contract documents or contract notice Subsequent determination of weighting factors and sub-criteria in respect of the award criteria referred to in the contract documents or contract notice Principle of equal treatment of economic operators and obligation of transparency.

Citations:

C-532/06, [2008] EUECJ C-532/06

Links:

Bailii

European

Updated: 13 July 2022; Ref: scu.264002

Schwarz v Burgermeister der Landeshauptstadt Salzburg: ECJ 24 Nov 2005

ECJ Free movement of goods – Quantitative restrictions – Measures having equivalent effect – National legislative provision prohibiting the sale of non-packaged confectionery from vending machines – Hygiene of foodstuffs.

Citations:

C-366/04, [2005] EUECJ C-366/04

Links:

Bailii

Jurisdiction:

European

European

Updated: 12 July 2022; Ref: scu.235309

Pensioenfonds Metaal En Techniek: ECJ 2 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Free movement of capital – Article 63 TFEU – Taxation of pension funds’ income – Difference in treatment of resident and non-resident pension funds – Resident pension funds subject to lump sum taxation on the basis of a notional yield – Withholding tax applied to dividends received by non-resident pension funds – Whether comparable

Citations:

C-252/14, [2016] EUECJ C-252/14, ECLI:EU:C:2016:402,

Links:

Bailii

Statutes:

TFEU 63

Jurisdiction:

European

European

Updated: 12 July 2022; Ref: scu.565145

Roz-Swit v Dyrektor Izby Celnej we Wroclawiu: ECJ 2 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Excise duties – Directive 2003/96/EC – Differentiated rates of excise duty for motor fuels and heating fuels – Condition for the application of the rate for heating fuels – Submission of a monthly list of statements that the products purchased are for heating purposes – Application of the rate of excise duty laid down for motor fuels where that list is not submitted – Principle of proportionality

Judges:

C. Lycourgos, P

Citations:

C-418/14, [2016] EUECJ C-418/14, ECLI:EU:C:2016:400

Links:

Bailii

Jurisdiction:

European

Customs and Excise

Updated: 12 July 2022; Ref: scu.565149

Polihim-SS EOOD v Nachalnik na Mitnitsa Svishtov: ECJ 2 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Indirect taxation – Excise duties – Directive 2008/118/EC – Chargeability of excise duties – Article 7(2) – Concept of ‘departure of excise goods from a duty suspension arrangement’ – Taxation of energy products and electricity – Directive 2003/96/EC – Article 14(1)(a) – Use of energy products to produce electricity – Purchase and resale by an intermediate purchaser of energy products located in a tax warehouse – Direct delivery of energy products to an operator for the production of electricity – Indication of the intermediate purchaser as the ‘consignee’ of the products in the tax documents – Infringement of the requirements of national law as regards exemption from excise duty – Refusal of exemption – Proof of the use of the products in circumstances permitting exemption from excise duty – Proportionality

Citations:

C-355/14, [2016] EUECJ C-355/14, ECLI:EU:C:2016:403

Links:

Bailii

Statutes:

Directive 2008/118/EC, Directive 2003/96/EC 14(1)(a)

Jurisdiction:

European

Customs and Excise

Updated: 12 July 2022; Ref: scu.565148

Pizzo v CRGT Srl: ECJ 2 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Public procurement – Directive 2004/18/EC – Participation in a call for tenders – Possibility of relying on the capacities of other undertakings in order to satisfy the necessary criteria – Failure to pay a fee not expressly provided for – Exclusion from the contract without the possibility of rectifying that omission

Citations:

C-27/15, [2016] EUECJ C-27/15, ECLI:EU:C:2016:404

Links:

Bailii

Jurisdiction:

European

European

Updated: 12 July 2022; Ref: scu.565147

Hendrix (Social Policy): ECJ 11 Sep 2007

ECJ Social security for migrant workers Articles 12 EC, 17 EC, 18 EC and 39 EC Regulation (EEC) No 1408/71 Article 4(2a), Article 10a and Annex IIa Regulation (EEC) No 1612/68 Article 7(1) Non contributory benefits Netherlands benefit for disabled young people Non-exportability.

Citations:

C-287/05, [2007] EUECJ C-287/05

Links:

Bailii

Jurisdiction:

European

European

Updated: 11 July 2022; Ref: scu.259298

Mulhens v OHMI – Minoronzoni (Tosca Blu): ECFI 11 Jul 2007

ECJ Community trade mark – Opposition procedure Application for figurative Community trade mark TOSCA BLU Earlier national word mark TOSCA Relative grounds for refusal Well-known trade mark within the meaning of Article 6 bis of the Paris Convention Article 8(1)(b) of Regulation (EC) No 40/94 Article 8(5) of Regulation (EC) No 40/94.

Citations:

T-150/04, [2007] EUECJ T-150/04

Links:

Bailii

Statutes:

Regulation (EC) No 40/94

European, Intellectual Property

Updated: 11 July 2022; Ref: scu.258203

Abdirahman v Secretary of State for Work and Pensions: CA 5 Jul 2007

The appellants were economically inactive EEA nationals who were lawfully present in the UK and who appealed against refusal of their claims for social security benefits under Articles 12 18.
Held: The appeal failed. For Art 12, the benefits including income support were ‘not within the scope of application of the Treaty’. As to Art 18, Lloyd LJ analysed the jurisprudence of the Court of Justice before concluding: ‘It seems to me, on the basis of those decisions, in particular that of Trojani’s case . . that Article 18 EC does not create a right of residence for an EU citizen in another Member State, in a case in which the limitations imposed under Council Directive 90/364/EEC are not satisfied, and that those limitations are proportionate to the legitimate objective in protecting the public finances of the host Member State.’

Judges:

Sir Andrew Morritt Ch, Lloyd LJ, Moses LJ

Citations:

[2007] EWCA Civ 657, [2008] 1 WLR 254, [2007] 4 All ER 882

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Kaczmarek v Secretary of State for Work and Pensions CA 27-Nov-2008
The claimant entered the UK as a student coming from Poland. She then worked as a kitchen maid, but having left that job on becoming a mother was refused income support. She later returned to work. She said that the rules which denied her benefit . .
Cited – Patmalniece v Secretary of State for Work and Pensions SC 16-Mar-2011
The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK.
Held: The appeal failed (Majority). The conditions imposed by the Regulations . .
Lists of cited by and citing cases may be incomplete.

Benefits, European

Updated: 11 July 2022; Ref: scu.254459

Hutchison 3G And Others (Taxation): ECJ 26 Jun 2007

ECJ Sixth VAT Directive Taxable transactions Definition of ‘economic activity’ Article 4(2) Allocation of licences making it possible to use a defined part of the radio-frequency spectrum reserved for telecommunications services.

Citations:

Times 03-Jul-2007, C-369/04, [2007] EUECJ C-369/04, [2006] EUECJ C-369/04

Links:

Bailii, Bailii

European, VAT

Updated: 11 July 2022; Ref: scu.254397

Byrne (A Minor) v The Motor Insurers Bureau, Secretary of State for Transport: QBD 5 Jun 2007

The court was asked whether the UK provisions for the Motor Insurers bureau met the requirements of the European Directive.
Held: The UK had failed to implement the directive properly by imposing a three year limit on claims when no such limitation was allowed by the directive. That failure arose not from any policy, but mere and inexcusable inadvertence. The breach was sufficiently serious to leave the Secretary of State liable for damages.

Judges:

Flaux J

Citations:

[2007] EWHC 1268 (QB), Times 15-Jun-2007, [2008] 2 WLR 234

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Byrne (A Minor) v The Motor Insurers Bureau and Another CA 22-May-2008
The claimant said that the rejection of his claim against the MIB was out ouf time under the MIB scheme, where, had the claim been against the driver, the claim would have succeeded.
Held: The Bureau’s appeal failed. European law imposed a . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Personal Injury, European

Updated: 11 July 2022; Ref: scu.253212

Bollore Sa v Commission: ECJ 26 Apr 2007

Ecj (Competition) – Competition Cartels – Carbonless paper Guidelines on the method of setting fines Duration of the infringement Gravity of the infringement Increase for deterrence Aggravating circumstances Mitigating circumstances Leniency Notice.

Judges:

M. Vilaras, P

Citations:

[2007] EUECJ T-109/02, [2008] ECR II-947

Links:

Bailii

European, Commercial

Updated: 11 July 2022; Ref: scu.251861

Boehringer Ingelheim KG v Swingward Ltd: ECJ 6 Apr 2006

Opinion – 1. In the present case the Court of Appeal (England and Wales) (Civil Division) seeks further guidance from the Court of Justice on the effect of the latter’s judgment in Boehringer Ingelheim and Others (‘Boehringer I’). (2) That case concerned the circumstances in which a trade mark owner may rely on his trade mark rights to prevent a parallel importer who has repackaged products bearing the trade mark from marketing those products.
2. In the judgment of the Court of Appeal which led up to the order for reference, Lord Justice Jacob said: ‘Sometimes I think the law may be losing a sense of reality in this area – we are, after all, only considering the use of the owner’s trade mark for his goods in perfect condition. The pickle the law has got into would, I think, astonish the average consumer.’
3. I agree. It seems to me that after 30 years of case-law on the repackaging of pharmaceutical products it should be possible to distil sufficient principles to enable national courts to apply the law to the constantly replayed litigation between manufacturers and parallel importers. I will attempt to articulate such principles in this Opinion. I would then hope that national courts will play their part robustly in applying the principles to the facts before them without further requests to fine-tune the principles. Every judge knows that ingenious lawyers can always find a reason why a given proposition does or does not apply to their client’s situation. It should not however in my view be for the Court of Justice to adjudicate on such detail for evermore. (3)

Judges:

Sharpston AG

Citations:

[2006] EUECJ C-348/04

Links:

Bailii

Cited by:

Cited – L’Oreal Sa and Others v Ebay International Ag and Others ChD 22-May-2009
The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site.
Held: The ECJ had not yet clarified the law on accessory liability in trade mark . .
See also – Boehringer Ingelheim KG v Swingward Ltd ECJ 26-Apr-2007
ECJ (Free Movement of Goods) Industrial and commercial property – Trade mark rights – Pharmaceutical products – Parallel imports – Repackaging of the product bearing the trade mark. . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 11 July 2022; Ref: scu.251860

Asociaciacion Nacional De Empresas Forestales: ECJ 19 Apr 2007

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.

Citations:

[2007] EUECJ C-295/05

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. . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 11 July 2022; Ref: scu.251859

Regione Siciliana v Commission: ECJ 22 Mar 2007

ECJ (Regional Policy) Appeal – European Regional Development Fund (ERDF) – Closure of Community financial assistance – Action for annulment – Admissibility – Local or regional entity – Measures of direct and individual concern to that entity – Direct concern.

Citations:

C-15/06, [2007] EUECJ C-15/06

Links:

Bailii

Jurisdiction:

European

European

Updated: 10 July 2022; Ref: scu.251131

Shearson Lehman Hutton v Fur Vermogenswaltung and Betechigungen (TVB) mbH: ECJ 19 Jan 1993

ECJ Convention on Jurisdiction and the Enforcement of Judgments – Jurisdiction in proceedings concerning contracts concluded by consumers – Concept of ‘consumer’ – Plaintiff acting in pursuance of his trade or professional activity, as the assignee of the rights of a private individual – Excluded (Convention of 27 September 1968, Art. 13, first para., and Art. 14, as amended by the 1978 Accession Convention)
The special system established by Article 13 et seq. of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters is inspired by the concern to protect the consumer, as the party deemed to be economically weaker and less experienced in legal matters than the other party to the contract, so that the consumer must not be discouraged from suing by being compelled to bring his action before the courts in the Contracting State in which the other party to the contract is domiciled. Those provisions affect only a private final consumer, not engaged in trade or professional activities, who is bound by one of the contracts listed in Article 13 and who is a party to the action, in accordance with Article 14. It follows that Article 13 of the Convention is to be interpreted as meaning that a plaintiff who is acting in pursuance of his trade or professional activity, and who is not, therefore, himself a consumer party to one of the contracts listed in the first paragraph of that provision, may not enjoy the benefit of the rules of special jurisdiction laid down by the Convention concerning consumer contracts.

Citations:

C-89/91, [1993] EUECJ C-89/91, [1993] ECR 1-139

Links:

Bailii

Statutes:

Lugano Convention

Jurisdiction:

European

Cited by:

Cited – Canada Trust Co and Others v Stolzenberg and Others (No 2) HL 12-Oct-2000
The plaintiffs alleged the involvement of the defendant in a conspiracy to defraud. He had been domiciled in England, but had moved to Germany. He denied that the UK court had jurisdiction. The court of appeal said that jurisdiction was determined . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction

Updated: 10 July 2022; Ref: scu.160677

Sandisk Corporation v Koninklijke Philips Electronics Nv and others: ChD 27 Feb 2007

The claimant sought damages for an alleged abuse of dominant market position by the defendants in its patent licensing. The defendant denied that the court had jurisdiction.
Held: An English court would have jurisdiction in such a case ony if the originating acts occurred here, of the damages substantially happened here.

Judges:

Pumfrey J

Citations:

[2007] EWHC 332 (Ch), Times 27-Feb-2007

Links:

Bailii

Statutes:

EC Treaty 81 82

Jurisdiction:

England and Wales

Intellectual Property, Litigation Practice, Jurisdiction, European

Updated: 09 July 2022; Ref: scu.249239

Roquette Freres v Ministre de l’Agriculture, de l’Alimentation, de la Peche et de la Ruralite: ECJ 26 Oct 2006

ECJ Entitlement of individuals to rely on the unlawfulness of Community regulations before national courts – Good reason to doubt the admissibility of actions brought by individuals for the annulment of such regulations (Article 230(4) EC) – Common organisation of the markets in the sugar sector – Isoglucose production quotas – Treatment of isoglucose merely arising as an intermediate product in the manufacture of other products intended for sale

Judges:

Kokott AG

Citations:

C-441/05, [2006] EUECJ C-441/05 – O

Links:

Bailii

Cited by:

Opinion – Roquette Freres v Ministre de l’Agriculture, de l’Alimentation, de la Peche et de la Ruralite ECJ 8-Mar-2007
ECJ Common organisation of the markets in the sugar sector Isoglucose Determination of the basic quantities used for the allocation of production quotas Isoglucose produced as an intermediate product Article . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture

Updated: 08 July 2022; Ref: scu.246019

Poole and others v Her Majesty’s Treasury (Appendices): ComC 8 Nov 2006

Citations:

[2006] EWHC 2731 – 2 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appendices – Poole and others v Her Majesty’s Treasury ComC 8-Nov-2006
Names at Lloyds sought damages saying that the government’s failure to implement the Directive had caused them losses.
Held: The claim failed. The claimants did not themselves have a right to require a member state to take up and implement the . .
Lists of cited by and citing cases may be incomplete.

Insurance, Administrative, European

Updated: 08 July 2022; Ref: scu.245916

Poole and others v Her Majesty’s Treasury: ComC 8 Nov 2006

Names at Lloyds sought damages saying that the government’s failure to implement the Directive had caused them losses.
Held: The claim failed. The claimants did not themselves have a right to require a member state to take up and implement the directive. That role was for the European Community. The claimants were not those intended to benefit from the Directive, and the claims were statute barred in any event.

Judges:

Langley J

Citations:

Times 01-Dec-2006, [2006] EWHC 2731 (Comm)

Links:

Bailii

Statutes:

Council Directive 73/239/EEC of July 24, 1973, on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance

Jurisdiction:

England and Wales

Citing:

Appendices – Poole and others v Her Majesty’s Treasury (Appendices) ComC 8-Nov-2006
. .
Lists of cited by and citing cases may be incomplete.

Insurance, Administrative, European

Updated: 08 July 2022; Ref: scu.245917

PKK and KNK v Council: ECJ 27 Sep 2006

ECJ (Common Foreign and Security Policy) Opinion – Appeal – Measures to combat terrorism – Admissibility of the application – Existence of the group bringing the action – Representation of the group bringing the action – Distortion of evidence – Individual concern of the group bringing the action

Judges:

Kokott J

Citations:

[2006] EUECJ C-229/05 – O

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Opinion – PKK and KNK v Council ECJ 27-Sep-2006
ECJ Appeal – Measures to combat terrorism – Admissibility of the application – Existence of the group bringing the action – Representation of the group bringing the action – Distortion of evidence – Individual . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 07 July 2022; Ref: scu.245177

NV Raverco (C-129/05), Coxon and Chatterton Ltd (C-130/05) v Minister van Landbouw, Natuur en Voedselkwaliteit: ECJ 28 Sep 2006

ECJ Directive 97/78/EC – Regulation (EEC) No 2377/90 – Veterinary checks – Products entering the Community from third countries – Redispatch of products that do not satisfy the import conditions – Seizure and destruction.

Citations:

C-130/05, [2006] EUECJ C-130/05

Links:

Bailii

Statutes:

Directive 97/78/EC

European, Agriculture

Updated: 07 July 2022; Ref: scu.245151

GE Security (Judgment): ECJ 25 Feb 2016

ECJ Reference for a preliminary ruling – Regulation (EEC) No 2658/87 – Common Customs Tariff – Combined Nomenclature – Classification of goods – Headings 8517, 8521, 8531 and 8543 – Product known as a ‘video multiplexer’

Judges:

F. Biltgen (Rapporteur), P

Citations:

C-143/15, [2016] EUECJ C-143/15, ECLI:EU:C:2016:115

Links:

Bailii

Statutes:

Regulation (EEC) No 2658/87

Jurisdiction:

European

Customs and Excise

Updated: 07 July 2022; Ref: scu.560484

Horvath, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs: Admn 21 Jul 2006

The claimant sought to challenge the validity of the 2004 Regulations whereby the payment under the Single Payment Scheme was reduced because of the existence of a public right of way across the land.
Held: ‘there are cogent arguments for the validity of the crucial paragraphs of the England Regulations. My preliminary view is that the addition of the words ‘and environmental’ were intended to widen the scope of the minimum requirements. The reference in Annex IV to ‘habitats’ is significant. It appears to me that visible rights of way can properly be described as ‘landscape features’. ‘ The question was to be referred to the European Court of Justice.

Judges:

Crane J

Citations:

[2006] EWHC 1833 (Admin)

Links:

Bailii

Statutes:

Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) Regulations 2004, Rights of Way Act 1980

Jurisdiction:

England and Wales

Citing:

Cited – Regina v International Stock Exchange, ex parte Else (1982) Ltd CA 1993
The court gave guidance on the circumstances under which questions should be referred to the European Court of Justice. . .
Cited – Gomez de la Cruz Talegon v Commission ECFI 9-Feb-2000
Europa Officials – Request for reclassification in grade – Objection of inadmissibility – Material new fact – Admissibility. . .
Cited – European Parliament v Council of the European Union 162111 ECJ 25-Feb-1999
ECJ Regulations on the protection of forests against atmospheric pollution and fire – Legal basis – Article 43 of the EC Treaty – Article 130s of the EC Treaty – Parliament’s prerogatives.
Cited – Etablissements Armand Mondiet SA v Armement Islais SARL ECJ 24-Nov-1993
Europa Where the high seas are concerned, the Community has the same rule-making authority in matters within its jurisdiction as that conferred under international law on the State whose flag the vessel is flying . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Land, European

Updated: 07 July 2022; Ref: scu.243368

Belgium v Commission (Agriculture) French Text: ECFI 25 Jul 2006

ECJ EAGGF – Clearance of accounts – Arable crops – Check on areas based on an aerial orthoimagery system (GIS) – Difference between the area declared and the area resulting from the GIS system – Administrative check and inspection on site – Loss to EAGGF

Citations:

T-221/04, [2006] EUECJ T-221/04

Links:

Bailii

European, Agriculture

Updated: 07 July 2022; Ref: scu.243411

Matratzen Concord v Hukla Germany SA (Free Movement Of Goods): ECJ 9 Mar 2006

ECJ (Judgment) Reference for a preliminary ruling – Article 3(1)(b) and (c) of Directive 89/104/EEC – Grounds for refusal to register – Articles 28 EC and 30 EC – Free movement of goods – Measure having equivalent effect to a quantitative restriction – Justification – Protection of industrial and commercial property – National word mark registered in a Member State – Trade mark consisting of a term borrowed from the language of another Member State in which it is devoid of distinctive character and/or descriptive of the goods in respect of which the trade mark was registered

Judges:

P. Jann, P

Citations:

[2006] CEC 621, [2006] ETMR 48, ECLI:EU:C:2006:164, C-421/04, [2005] EUECJ C-421/04

Links:

Bailii

Statutes:

Directive 89/104/EEC 3(1)(b)

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: 05 July 2022; Ref: scu.239171

L.H. Piatkowski v Inspecteur van de Belastingdienst grote ondernemingen Eindhoven (Social Security For Migrant Workers): ECJ 9 Mar 2006

ECJ Freedom of movement for workers – Social security – Person simultaneously employed in one Member State and self-employed in another Member State – Person subject to the social security legislation of each of those States – Regulation (EEC) No 1408/71 – Article 14cb) and Annex VII – Social security contributions levied on interest paid by a company established in one Member State to a person resident in another Member State.

Citations:

C-493/04, [2005] EUECJ C-493/04

Links:

Bailii

European, Benefits

Updated: 05 July 2022; Ref: scu.239172

Tea-Cegos and Stg v Commission (Law Relating To Undertakings) T-376/05: ECFI 14 Feb 2006

ECJ Public contracts – Community tendering procedure – Recruitment of technical assistance for short-term expertise for exclusive benefit of third countries benefiting from external aid – Rejection of tenders

Citations:

T-376/05, [2006] EUECJ T-376/05, [2006] EUECJ T-376/05

Links:

Bailii, Bailii

European

Updated: 05 July 2022; Ref: scu.238517

Tea-Cegos and Stg v Commission (Law Relating To Undertakings) T-383/05: ECFI 14 Feb 2006

ECJ Public contracts – Community tendering procedure – Recruitment of technical assistance for short-term expertise for exclusive benefit of third countries benefiting from external aid – Rejection of tenders

Citations:

T-383/05, [2006] EUECJ T-383/05, [2006] EUECJ T-383/05

Links:

Bailii, Bailii

European, Company

Updated: 05 July 2022; Ref: scu.238518

Bloomsbury International Ltd and Others v Sea Fish Industry Authority and Another: QBD 24 Jul 2009

Parties challenged the legality of a levy imposed by the defendant for the purposes of supporting the sea food industry. They said that a levy imposed on fish products imported to the UK was beyond the powers given by the 1981 Act, and was contrary to EU law.
Held: The challenge was dismissed as to both arguments.

Judges:

Hamblen J

Citations:

[2009] EWHC 1721 (QB), [2010] 1 CMLR 12

Links:

Bailii

Statutes:

Fisheries Act 1981, Sea Fish Industry Authority (Levy) Regulations 1995

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 . .

Cited by:

Appeal from – Bloomsbury International Ltd and Others v The Sea Fish Industry Authority and Another CA 18-Mar-2010
The company, importers of fish, challenged the lawfulness of Regulations which imposed a levy requiring them to contribute to the training of UK fishermen.
Held: The company’s appeal succeeded. . .
At first instance – Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs SC 15-Jun-2011
The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Administrative, European

Updated: 04 July 2022; Ref: scu.361473

Centralan Property v Commissioners of Customs and Excise (Taxation): ECJ 15 Dec 2005

ECJ Sixth VAT Directive – Article 20(3) – Capital goods – Deduction of input tax – Adjustments of deductions – Immovable property – Disposal by means of two connected transactions, one exempt, the other taxable – Apportionment.

Citations:

C-63/04, [2005] EUECJ C-63/04

Links:

Bailii

European, VAT

Updated: 04 July 2022; Ref: scu.236389

Fiamm and Fiamm Technologies v Council and Commission (External Relations): ECFI 14 Dec 2005

ECJ Non-contractual liability of the Community – Incompatibility of the Community regime governing the import of bananas with the rules of the World Trade Organisation (WTO) – Imposition by the United States of America of retaliatory measures in the form of increased customs duty levied on imports from the Community, pursuant to a WTO authorisation – Decision of the WTO Dispute Settlement Body – Legal effects – Community liability in the absence of unlawful conduct of its institutions -? Causal link – Unusual and special damage.

Citations:

T-69/00, [2005] EUECJ T-69/00

Links:

Bailii

European

Updated: 04 July 2022; Ref: scu.236402

Commission v Portugal C-432/03: ECJ 10 Nov 2005

Free Movement of Goods – Failure of a Member State to fulfil obligations – Articles 28 EC and 30 EC – Directive 89/106/EEC – Decision 3052/95/EC – National approval procedure – Failure to take account of approval certificates drawn up in other Member States – Construction products

Citations:

[2005] EUECJ C-432/03, [2006] 1 CMLR 25, [2005] ECR I-9665

Links:

Bailii

Jurisdiction:

European

European

Updated: 04 July 2022; Ref: scu.234704

Cwik v Commission: ECFI 25 Oct 2005

ECJ (Staff Regulations) Officials – Evaluation exercise 2001/2002 – career development report – Action for annulment – illegality – Manifest errors of assessment – Errors of fact – Psychological harassment – Compensation for damage – Damage moral

Citations:

T-96/04, [2005] EUECJ T-96/04

Links:

Bailii

European

Updated: 04 July 2022; Ref: scu.234670

International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005

An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction.
Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in which a dispute between a Finnish company and a Finnish Trade Union and an international Trade Union concerned with a ferry running between Finland and Estonia should be litigated.’ The questions of European Law would require clarification by the European Court, and a referral was made. The claimant feared delay at the European and pressed for interim relief. The court said that where as here damages ‘are not likely to be an adequate remedy for either party, and where the nature of the case is as I have described, it seems to me that in assessing the balance of convenience and the holding of the ring the merits and strengths of Viking’s case has considerable relevance.’ To continue the injunction however would be to give the claimants the only remedy they needed, and to anticipate the finding of the European Court. The injunction was discharged.

Judges:

Waller, Mummery, Tuckey LJJ

Citations:

[2005] EWCA Civ 1299

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Viking Line Abp v International Transport Workers’ Federation and Another ComC 16-Jun-2005
The claimant sought an injunction against the respondent international union of trades unions to restrain industrial action intended to prevent its transfer of registration of a ferry plying between Finland and Estonia to Estonia. It sought also a . .
Cited – American Cyanamid Co v Ethicon Ltd HL 5-Feb-1975
Interim Injunctions in Patents Cases
The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of . .
Cited – Regina v Secretary of State for Transport, ex parte Factortame (No 2) HL 11-Oct-1990
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was . .
Cited – Garden Cottage Foods Ltd v Milk Marketing Board HL 1984
In English law a breach of statutory duty, is actionable as such by a private individual to whom loss or damage is caused by a breach of that duty. Lord Diplock said that it was quite unarguable: ‘that if such a contravention of Article 86 gives . .
Cited – Regina v Secretary of State for Trade and Industry Ex Parte Trades Union Congress CA 17-Oct-2000
Where a court referred an issue to the European Court, it was for that court in its discretion to decide whether interim relief might be granted, and an appellate court should not normally interfere in that exercise. The considerations for such a . .
Cited – Albany International BV v Stichting Bedrijfspensioenfonds Textielindustrie ECJ 21-Sep-1999
ECJ Compulsory affiliation to a sectoral pension scheme – Compatibility with competition rules – Classification of a sectoral pension fund as an undertaking. . .
Cited – Pavel Pavlov and Others v Stichting Pensioenfonds Medische Specialisten ECJ 12-Sep-2000
Europa Compulsory membership of an occupational pension scheme – Compatibility with competition rules – Classification of an occupational pension fund as an undertaking. . .
Cited – Commission v France (Judgment) ECJ 4-Apr-1974
Europa The commission, in the exercise of the powers which it has under articles 155 and 169 of the treaty, does not have to show the existence of a legal interest, since, in the general interest of the . .
Cited – Eugen Schmidberger, Internationale Transporte und Planzuge v Republic of Austria ECJ 12-Jun-2003
An environmental group organised a demonstration which blocked a motorway affecting the free movement of goods. The claimant haulage company complained that the respondent government had failed to prevent the blockage for many hours causing it . .
Cited – Hendrik van der Woude v Stichting Beatrixoord ECJ 21-Sep-2000
Competition – Community rules – Matters covered – Collective agreements in pursuit of social policy objectives – Collective agreement concerning sickness insurance and requiring an employer to pay employer contributions only to the insurers selected . .
Cited – B N O Walrave And L J N Koch v Association Union Cycliste Internationale, Koninklijke Nederlandsche Wielren Unie Et Federacion Espanola Ciclismo ECJ 12-Dec-1974
ECJ The practice of sport is subject to community law only in so far as it constitutes an economic activity within the meaning of article 2 of the Treaty. The prohibition of discrimination based on nationality in . .
Cited – J C J Wouters, J W Savelbergh and Price Waterhouse Belastingadviseurs BV v Algemene Raad van de Nederlandse Orde van Advocaten, intervener: Raad van de Balies van de Europese Gemeenschap ECJ 19-Feb-2002
ECJ Professional body – National Bar – Regulation by the Bar of the exercise of the profession – Prohibition of multi-disciplinary partnerships between members of the Bar and accountants – Article 85 of the EC . .
Cited – Union Royale Belge des societes de Football Association and others v Bosman and others ECJ 15-Dec-1995
bosmanECJ1995
A request for the Court to order a measure of inquiry under Article 60 of the Rules of Procedure, made by a party after the close of the oral procedure, can be admitted only if it relates to facts which may have a decisive influence and which the . .
Cited – Roman Angonese v Cassa di Risparmio di Bolzano SpA ECJ 6-Jun-2000
Europa Under the preliminary ruling procedure provided for by Article 177 of the Treaty (now, after amendment, Article 234 EC), it is for the national courts alone, which are seised of a case and which must . .
Cited – Societe Anonyme De Droit Francais Seco Et Societe Anonyme De Droit Francais Desquenne and Giral v Etablissement D’Assurance Contre La Vieillesse Et L’Invalidite. ECJ 3-Feb-1982
Europa Article 59 and the third paragraph of article 60 of the eec treaty entail the abolition of all discrimination against a person providing a service on the grounds of his nationality or the fact that he is . .
Cited – Rush Portuguesa Ld v Office National d’immigration ECJ 27-Mar-1990
ECJ Articles 59 and 60 of the EEC Treaty and Articles 215 and 216 of the Act of Accession of Portugal must be interpreted as meaning that an undertaking established in Portugal providing services in the . .
Cited – Jean-Claude Arblade, Arblade and Fils SARL v Bernard Leloup, Serge Leloup, Sofrage SARL ECJ 23-Nov-1999
ECJ Freedom to provide services – Temporary deployment of workers for the purposes of performing a contract – Restrictions. . .
Cited – Unison v United Kingdom ECHR 2002
(Third Chamber) The freedom of association under Article 11 of the ECHR did not include a right for a union to require ‘that an employer enter into or remain in any collective bargaining arrangement’.
‘The Court recalls that, while Article 11 . .
Cited – Andre Mazzoleni v Inter Surveillance Assistance SARL, as the party civilly liable; third parties: Eric Guillaume and Others ECJ 15-Mar-2001
Europa Freedom to provide services – Temporary deployment of workers for performance of a contract – Directive 96/71/EC – Guaranteed minimum.
A French company, ISA provided security services in France and . .
Cited – Finalarte Sociedade de Construcao Civil Ld, Portugaia Construcoes and Engil Sociedade de Construcao Civil SA v Urlaubs-und Lohnausgleichskasse der Bauwirtschaft etc ECJ 25-Oct-2001
ECJ Article 59 of the Treaty (now, after amendment, Article 49 EC) and Article 60 of the Treaty (now Article 50 EC) do not preclude a Member State from imposing national rules guaranteeing entitlement to paid . .
Lists of cited by and citing cases may be incomplete.

European, Employment

Updated: 04 July 2022; Ref: scu.231672

Oakley Inc v Animal Ltd and others: CA 20 Oct 2005

It was argued that the Secretary of State, when implementing the Directive in the 2001 Regulations, had exceeded his powers in preserving provisions of the Registered Designs Act. The judge had held the Seceretary had exceeded his powers. The Attorney general now criticised the judge for failing to allow for the extent of Parliamentary scrutiny afforded to secondary legislation.
Held: ‘It is the people of the United Kingdom, the electorate, who are entitled to the assurance that laws are normally made by primary legislation and will only exceptionally be amended by secondary legislation. ‘ However, s2(2) of the 1972 Act was sui generis: ‘Unlike other provisions allowing for the amendment of primary legislation by secondary legislation, it flows directly from the Treaty obligations of the United Kingdom. ‘ The obligations identified and incorporated were obligations even though secondary, and were validly incoporated.
Waller LJ said that the primary objective of any secondary legislation under section 2(2) must be to bring into force laws which, under the Treaties, the United Kingdom has agreed to make part of its laws.

Judges:

Waller, May, Jacob LJJ

Citations:

Times 07-Nov-2005, [2005] EWCA Civ 1191, [2006] Ch 337

Links:

Bailii

Statutes:

EC Directive 98/71/EC, Registered Designs Regulations 2001, European Communities Act 1972 2

Jurisdiction:

England and Wales

Citing:

Appeal from – Oakley Inc v Animal Ltd and others PatC 17-Feb-2005
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
Cited – McKiernon v Secretary of State for Social Security CA 26-Oct-1989
A statute granting a power to be amended by a subordinate instrument can only do so by an express power: ‘Whether subject to the negative or affirmative resolution procedure, [subordinate legislation] is subject to much briefer, if any, examination . .
Cited – Regina v Secretary of State for Trade and Industry ex parte Unison 1996
The 1978 Directive required consultation in the case of collective redundancies. Acts had incorrectly incorporated this requirement into English law. The error was corrected in the 1995 Regulations.
Held: Anything is ‘related to’ a Community . .
Cited – Regina v Ministry of Agriculture Fisheries and Food Ex Parte Hedley Lomas (Ireland) Ltd ECJ 23-May-1996
The wrongful prevention by a state of the lawful export of animals gave rise to a right to claim for damages.
LMA The UK had refused to grant licences for the export of live sheep to Spain, on the grounds . .
Cited – Addison v Denholm Ship Management (UK) Ltd EAT 1997
An issue before the EAT was whether regulations made under section 2(2) of the 1972 Act applied to the crew of a floating hotel/ship in the North Sea.
Held: According to European law the UK could choose whether or not to apply employment . .
Cited – Ebony Maritime SA and Loten Navigation Co Ltd v Prefetto della Provincia di Brindisi and others ECJ 27-Feb-1997
Europa 1 Common commercial policy – Trade with non-member countries – Embargo measures against the Federal Republic of Yugoslavia (Serbia and Montenegro) – Regulation No 990/93 – Measures to detain and confiscate . .
See Also – Oakley Inc v Animal Ltd. and others PatC 16-Mar-2005
. .
Cited – Perth and Kinross Council v Donaldson and Others 2004
The court considered whether the TUPE regulations in going beyond what was required under the European Directive was invalid.
Held: ‘If it is to be suggested that the 1981 Regulations have effectively allowed the Directive to operate in that . .
Cited – des Gaz SA v Falks Veritas Ltd CA 1974
The court considered for the first time, the effect of the Rome Treaty. It ‘came about because of a tin can’ .
A question requiring the exercise of a judges discretion is to be determined as at the date that the primary judge gave judgment, . .

Cited by:

Cited – Slack and Others v Cumbria County Council and Another CA 3-Apr-2009
The court was asked when the six month’s limit for beginning equal pay proceedings began. The new section 2ZA set the qualifying date as ‘the date falling six months after the last day on which the woman was employed in the employment.’ The problem . .
Cited – The United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
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.

Intellectual Property, European, Constitutional

Updated: 04 July 2022; Ref: scu.231233

United Antwerp Maritime Agencies and Seaport Terminals (Customs Union): ECJ 15 Sep 2005

ECJ Customs union – Creation of a customs debt on importation – Goods in temporary storage – Unlawful removal of the goods from customs supervision – Person liable for the debt.

Citations:

C-140/04, [2005] EUECJ C-140/04

Links:

Bailii

European, Customs and Excise

Updated: 04 July 2022; Ref: scu.230053

Barsotti and others C-19/01: ECJ 4 Mar 2004

(Judgment) Social policy – Protection of employees in the event of their employer’s insolvency – Directive 80/987/EEC – Limitation of liability of the guarantee institutions – Ceiling to the liability – Part payments by the employer – Social objective of the directive

Citations:

C-19/01, [2004] EUECJ C-19/01

Links:

Bailii

Jurisdiction:

European

Employment, Insolvency

Updated: 03 July 2022; Ref: scu.194388

Alliance For Natural Health and Another, Regina (On The Application of) v Secretary Of State For Health and Anor (Approximation Of Laws): ECJ 12 Jul 2005

ECJ Approximation of laws – Food supplements – Directive 2002/46/EC – Prohibition on trade in products not complying with the directive – Validity – Legal basis – Article 95 EC – Articles 28 EC and 30 EC – Regulation (EC) No 3285/94 – Principles of subsidiarity, proportionality and equal treatment – Right to property – Freedom to pursue an economic activity – Obligation to state reasons).
The applicants complained that the Directive on food supplements was unlawful or invalid.
Held: The object of the directive was to ensure uniformity, and as that was itself a proper aim insofar as the contrary would work against the free movement of products within the EEC. Given the need for public safety, it was proportionate to limit the free trade in food supplements to those for which there was sufficient data for a favourable opinion to be given.
As to EU measures establishing authorisation procedures, for example for the use of particular substances, the court will require that the procedures reflect principles of sound administration and legal certainty: ‘Such a procedure must be accessible in the sense that it must be expressly mentioned in a measure of general application which is binding on the authorities concerned. It must be capable of being completed within a reasonable time. An application to have a substance included on a list of authorised substances may be refused by the competent authorities only on the basis of a full assessment of the risk posed to public health by the substance, established on the basis of the most reliable scientific data available and the most recent results of international research. If the procedure results in a refusal, the refusal must be open to challenge before the courts.’

Citations:

C-154/04, [2005] EUECJ C-154/04, C-155/04, [2005] EUECJ C-155/04, Times 15-Jul-2005

Links:

Bailii, Bailii

Statutes:

Regulation (EC) No 3285/94

Cited by:

Cited – Lumsdon and Others, Regina (on The Application of) v Legal Services Board SC 24-Jun-2015
The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates . .
Lists of cited by and citing cases may be incomplete.

European, Commercial

Updated: 01 July 2022; Ref: scu.228447

Societe d’exportation de produits agricoles SA (SEPA) v Hauptzollamt Hamburg-Jonas: ECJ 26 May 2005

ECJ Export refunds – Beef – Special emergency slaughtering – Regulation (EEC) No 3665/87 – Article 13 – Sound and fair marketable quality – Marketability in normal conditions.

Citations:

C-409/03, [2005] EUECJ C-409/03

Links:

Bailii

European, Agriculture

Updated: 30 June 2022; Ref: scu.225316

Kuipers v Productschap Zuivel: ECJ 26 May 2005

ECJ Common organization of the markets – Milk and milk products – Regulation (EEC) No 804/68 – National scheme under which dairies withhold deductions from the price payable to dairy farmers or pay price supplements to them according to the quality of the milk supplied – Incompatibility

Citations:

C-283/03, [2005] EUECJ C-283/03, [2005] ECR I-4255

Links:

Bailii

European, Agriculture

Updated: 30 June 2022; Ref: scu.225315

Finanzamt Arnsberg v Stadt Sundern (Taxation): ECJ 26 May 2005

ECJ Sixth Directive – Article 25 – Common flat-rate scheme for farmers – Grant of hunting licences within the framework of a municipal forestry undertaking – Concept of ‘agricultural service’.

Citations:

C-43/04, [2005] EUECJ C-43/04

Links:

Bailii

European, Agriculture, VAT

Updated: 30 June 2022; Ref: scu.225317

Ministero della Salute v Coordinamento delle associazioni per la difesa dell’ambiente e dei diritti degli utenti e dei consumatori (Codacons), Federconsumatori: ECJ 26 May 2005

ECJ Regulation (EC) No 1139/98 – Article 2(2)(b) – Additional labelling requirement for foodstuffs – Compulsory particulars concerning the presence of material derived from genetically modified organisms (GMOs) – Genetically modified soya beans and maize – Exemption from the requirement in the case of adventitious presence not exceeding a particular level – Foodstuffs intended for particular nutritional use – Infants and young children – Whether derogation applies – Precautionary principle.

Citations:

C-132/03, [2005] EUECJ C-132/03

Links:

Bailii

European, Consumer

Updated: 30 June 2022; Ref: scu.225308

Yilmaz v Secretary of State for the Home Department: Admn 26 May 2005

The applicant had sought and been granted temporary leave to stay pending the checking of his documentation. He overstayed, and when he applied to stay permanently he was treated as an illegal immigrant.
Held: He had been properly so treated. A temporary admission merely allowed him not to be detained whilst the document check was made. The breach of a condition of that release made his presence illegal.

Judges:

Beatson J

Citations:

[2005] EWHC 1068 (Admin), Times 27-Jul-2005

Links:

Bailii

Immigration, European

Updated: 30 June 2022; Ref: scu.225288

Merck, Sharp and Dohme: ECJ 20 Jan 2005

ECJ (Approximation of Laws) – Directive 89/105/EEC – Medicinal products for human use – Application for entry on a positive list – Nature of the time-limit for responding – Mandatory nature – Consequences of exceeding the time-limit

Citations:

C-245/03, [2005] EUECJ C-245/03, [2005] ECR I-637

Links:

Bailii

Statutes:

Directive 89/105/EEC

European

Updated: 28 June 2022; Ref: scu.221551

Commission v Netherlands C-41/02: ECJ 2 Dec 2004

ECJ Free Movement of Goods – Failure of a Member State to fulfil obligations – Articles 30 and 36 of the EC Treaty (now, after amendment, Articles 28 EC and 30 EC) – Foodstuffs to which vitamins or mineral salts have been added – National legislation making their marketing subject to there being a nutritional need – Measures having equivalent effect – Justification – Public health – Proportionality)

Judges:

A Rosas, P

Citations:

[2004] EUECJ C-41/02, [2004] ECR I-11375

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 27 June 2022; Ref: scu.220003

Union Nationale Interprofessionnelle Des Legumes De Conserve (Unilec) v Etablissements Larroche Freres: ECJ 22 Sep 1988

ECJ 1. The rules of the common organization of the market set up by Regulation No 1035/72 must be applied to fruit and vegetables coming within the scope of that organization, irrespective of the use to which they are ultimately to be put . The fact that they are intended for processing does not mean that at the marketing stage they fall within the ambit of Regulation No 516/77 on the common organization of the market in products processed from fruit and vegetables.
2. Regulation No 1035/72 on the common organization of the market in fruit and vegetables, in the version applicable prior to the entry into force of Regulation No 3284/83, must be interpreted as leaving the Member States no power to extend to national producers and processors who are not affiliated to an intertrade organization in the sector the rules adopted by that organization under agreements fixing minimum purchase prices for certain vegetables.
3. The obligation imposed on non-affiliated producers to contribute to the financing of funds established by a producers’ organization in the fruit and vegetables sector is unlawful in so far as it serves to finance activities which are themselves held to be contrary to Community law.

Citations:

R-212/87, [1988] EUECJ R-212/87

Links:

Bailii

European, Agriculture

Updated: 21 June 2022; Ref: scu.215648

Pretura Unificata Di Torino v X: ECJ 22 Sep 1988

ECJ The authorization to exceed the maximum permitted concentrations set out in Annex I to Directive 80/778/EEC relating to the quality of water intended for human consumption (Article 10 (1)) must be granted only in an urgent situation in which the national authorities are required to cope suddenly with difficulties in the supply of water for human consumption . Such an authorization must be limited to the time normally necessary to restore the quality of the water affected, must not pose any unacceptable risk to human health and may be granted only if the supply of water for human consumption cannot be maintained in any other way.

Citations:

R-228/87, [1988] EUECJ R-228/87

Links:

Bailii

Statutes:

Directive 80/778/EEC

European, Utilities

Updated: 21 June 2022; Ref: scu.215645

The Queen v Royal Pharmaceutical Society Of Great Britain, Ex Parte Association Of Pharmaceutical Importers And Others: ECJ 18 May 1989

ECJ (Free Movement Of Goods) 1. Measures adopted by a professional body for pharmacy, in whose register all pharmacists must be enrolled in order to carry on their business, which lays down rules of ethics applicable to the members of the profession and which has a committee upon which national legislation has conferred disciplinary powers that could involve the removal from the said register, may, if they are capabe of affecting trade between the Member States, constitute ‘measures’ within the meaning of Article 30 of the EEC Treaty.
2. A national rule of a Member State requiring a pharmacist, in response to a prescription calling for a medicinal product by its trade mark or proprietary name, to dispense only a product bearing that trade mark or proprietary name may be justified under Artice 36 of the Treaty on grounds of the protection of public health even where the effect of such a rule is to prevent the pharmacist from dispensing a therapeutically equivalent product licensed by the competent national authorities pursuant to rules adopted in conformity with Community law and manufactured by the same company or group of companies or by a licensee of that company but bearing a trade mark or proprietary name applied to it in another Member State which differs from the trade mark or proprietary name appearing in the prescription.
Such a provision does not go beyond what is necessary to achieve the objective in view, which is to leave the entire responsibility for the treatment of the patient in the hands of the doctor treating him, who may often prescribe a given medicinal product for psychosomatic reasons .

Citations:

R-267/87, [1989] EUECJ R-267/87

Links:

Bailii

European

Updated: 21 June 2022; Ref: scu.215694