Category: EC law

R (OSS Group Ltd.) v. Environment Agency and others, Department of the Environment, Food and Rural Affairs intervening [2007] EWCA Civ 611

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (OSS Group Ltd.) v. Environment Agency and others, Department of the Environment, Food and Rural Affairs intervening – WLR Daily

Posted July 2nd, 2007 in EC law, law reports, waste by sally

“A lubricating oil which was collected after use and processed into fuel oil for burning, could as a matter of law cease to be waste before it was burnt as fuel for the purposes of Council Directive 2006/12/EC (‘the Waste Framework Directive’).”

WLR Daily, 28th June 2007

Commission of the European Communities v. United Kingdom of Great Britain and Northern Ireland C-127/05

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Commission of the European Communities v. United Kingdom of Great Britain and Northern Ireland – Times Law Reports

Posted June 25th, 2007 in EC law, health & safety, law reports by sally

‘Practicable’ health and safety duty is sufficient for EU Law

“The fact that the duty on United Kingdom employers to ensure the health, safety and welfare at work of all employees was imposed only “so far as is reasonably practicable”, did not entail an infringement of European Community law.”

The Times, 25th June 2007

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Strikes, work curbs and litigation: how life may change under the EU charter – The Times

Posted June 21st, 2007 in EC law, employment by sally

“Britain was told yesterday that it had all but lost its fight to stop the Charter of Fundamental Rights becoming legally binding in the new EU treaty set to replace the failed European Constitution, sources claimed yesterday.”

The Times, 21st June 2007

UK ‘prepared to block EU treaty’ – BBC News

Posted June 21st, 2007 in EC law, news by sally

“The UK will block any unsatisfactory deal in this week’s EU treaty negotiations, Foreign Secretary Margaret Beckett has said.”

BBC News, 20th June 2007

Source: www.bbc.co.uk

UK extends e-commerce Directive to terrorism laws – OUT-LAW.com

Posted June 20th, 2007 in EC law, foreign companies, incitement, news, terrorism by sally

“Regulations come into force this week that explain how and when a foreign company can be brought to justice in the UK over blog postings that encourage terrorism. The Regulations integrate Europe’s e-commerce laws with the UK’s Terrorism Act.”

Commission of the European Communities v. United Kingdom of Great Britain and Northern Ireland (Case C-127/05)

OUT-LAW.com, 19th June 2007

Source: www.out-law.com

Commission of the European Communities v. United Kingdom of Great Britain and Northern Ireland – WLR Daily

Posted June 19th, 2007 in EC law, health & safety, law reports by sally

“Because, inter alia, the provision in art 5(1) of Directive 89/391 imposing a duty on employers to ensure the safety and health of workers did not require employers to be subject to no-fault liability, the Commission of the European Communities had not established that, by restricting the duty on employers to ensure the safety and health of workers in all aspects related to work to a duty to do that only ‘so far as is reasonably practicable’, the UK had failed to fulfil its obligations under art 5(1) and (4) of the Directive.”

WLR Daily, 14th June 2007

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

UK welcomes German proposals on EU constitution – The Guardian

Posted June 15th, 2007 in EC law, news by sally

“The government today welcomed German plans to break the logjam over a new European treaty that would drop the contentious ‘constitution’ label.”

Byrne v. Motor Insurers’ Bureau and Another

The Guardian, 15th June 2007

Source: www.guardian.co.uk

Byrne v. Motor Insurers’ Bureau and Another – Times Law Reports

Posted June 15th, 2007 in EC law, law reports, Motor Insurers’ Bureau, time limits by sally

UK in breach of uninsured drivers’ duty

Queen’s Bench Division

“Failure by the United Kingdom to comply with the Second European Directive on motor insurance rendered it liable in damages.”

The Times, 15th June 2007

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Government wins EU health and safety spat – The Times

Posted June 14th, 2007 in EC law, health & safety, news by sally

“European laws protecting the health and safety of workers are being applied correctly in the UK, European judges ruled today.”

The Times, 14th June 2007

DNA database agreed for police across EU – The Guardian

Posted June 13th, 2007 in data protection, DNA, EC law, news, police by sally

“A battery of police data-sharing and electronic surveillance measures to tackle trans-national crime and immigration issues was agreed yesterday by governments in Europe, 15 of which also gave the green light to a scheme for the world’s biggest biometric system.”

The Guardian, 13th June 2007

Source: www.guardian.co.uk

UK consults on Unfair Commercial Practices Directive – OUT-LAW.com

Posted June 11th, 2007 in consumer protection, EC law, news by sally

“The Government has asked retailers to comment on draft legislation that will force them to ‘deal fairly’ with customers and other businesses. Two new Regulations are proposed, scheduled to come into force on 6th April 2008.”

Britannia Alloys & Chemicals Ltd. v. Commission of the European Communities (Case C-76/06P)

OUT-LAW.com, 11th June 2007

Source: www.out-law.com

Britannia Alloys & Chemicals Ltd. v. Commission of the European Communities – WLR Daily

Posted June 11th, 2007 in competition, EC law, law reports by sally

“Where the Commission of the European Communities found that an undertaking had participated in anti-competitive practices contrary to art 81 EC and imposed a fine by reference to the undertaking’s turnover in the “preceding business year”, and the undertaking had no turnover in the business year preceding the date of the infringement decision, the Commission was entitled to refer to another business year.”

WLR Daily, 7th June 2007

Please note once a case has ben fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Britain “smothered” with EU laws – BBC News

Posted June 8th, 2007 in EC law, news by sally

“Britain is being “smothered” with EU laws, imposed without proper debate, say peers behind a bid to investigate the effects and cost of EU membership.”

Byrne v. Motor Insurers’ Bureau [2007] EWHC 1268 (QB)

BBC News, 7th June 2007

Source: www.bbc.co.uk

Byrne v. Motor Insurers’ Bureau – WLR Daily

Posted June 8th, 2007 in EC law, law reports, Motor Insurers’ Bureau, time limits by sally

“The procedure for making a claim to the Motor Insurers’ Bureau for compensation in respect of injury caused by an untraced driver under the Untraced Drivers Agreement 1972, which procedure was relied on by the United Kingdom as implementing art 1(4) of Council Directive 84/5/EEC, should be subject to a limitation period no less favourable than that which applied under s 28 of the Limitation Act 1980 to the commencement of proceedings by minors for personal injury in tort against a traced driver. Because the three-year time limit for the bringing of a claim under the Untraced Drivers Agreement 1972 was not compliant with art 1(4) of the Directive, which was capable of having direct effect, the United Kingdom was in sufficiently serious breach of its Community law obligations to give rise in principle to a liability for damages.”

WLR Daily, 7th June 2007

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Britain ‘to drop EU veto over law and order’ – Daily Telegraph

Posted June 5th, 2007 in EC law, news, veto by sally

“Tony Blair may be preparing to abandon Britain’s veto over law and order policy in Europe on the eve of his departure from Downing Street this month, MPs fear.”

Regina (Thames Water Utilities Ltd.) v. Bromley Magistrates Court, Environment Agency, interested party Case C-252/05

Daily Telegraph, 5th June 2007

Source: www.telegraph.co.uk

Regina (Thames Water Utilities Ltd.) v. Bromley Magistrates Court, Environment Agency, interested party – Times Law Reports

Posted May 25th, 2007 in EC law, law reports, waste by sally

Escaped sewage was ‘discarded’ waste

Court of Justice of the European Communities

“Waste water which accidentally escaped from a sewerage system was discarded by the sewerage management undertaking and was waste within the EC Waste Directive.”

The Times, 25th May 2007

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (Thames Water Utilities Ltd.) v. South East London Division, Bromley Magistrates’ Court (Environment Agency, interested party) – WLR Daily

Posted May 14th, 2007 in EC law, law reports, waste by sally

R (Thames Water Utilities Ltd.) v. South East London Division, Bromley Magistrates’ Court (Environment Agency, interested party) (Case C-252/05)

“The fact that the escape of waste water from a sewage system was accidental did not prevent the waste water from having been “discarded” and hence from being “waste” within Directive 75/442.”

WLR Daily, 10th May 2007

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Color Drack GmbH v. Lexx International Vertriebs GmbH – WLR Daily

Posted May 4th, 2007 in conflict of laws, contracts, EC law, law reports, sale of goods by sally

Color Drack GmbH v. Lexx International Vertriebs GmbH (Case C-386/05)

“Where under a contract goods were delivered to several places in the same EC member state, it was the place of principal delivery in that state, determined on the basis of economic criteria, that had jurisdiction in disputes on the contract.”

WLR Daily, 3rd May 2007