Category: EC law

Slaughterhouse right of appeal JR against FSA unfit meat decisions, fails – Henderson Chambers

Posted July 27th, 2015 in appeals, EC law, food hygiene, judicial review, news by sally

‘In R (on the application of the Association of Independent Meat Suppliers and another) v Food Standards Agency [2015] EWHC 1896 (Admin), Simon J sitting in the Admin Court (judgment 2.7.15) has found that neither the governing EU Regulations, nor the EU Charter nor the European Convention (A1P1) required the Food Standards Authority to afford any right of appeal to the owners of an expensive bull carcase found, at the slaughterhouse, to be unfit for human consumption and thus disposed of as worthless animal by-product.’

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Henderson Chambers, 2nd July 2015

Source: www.hendersonchambers.co.uk

Insolvency–when can secondary proceedings in other member states be opened? – 11 Stone Buildings

Posted July 25th, 2015 in EC law, insolvency, jurisdiction, news, subsidiary companies by sally

‘Restructuring & Insolvency analysis: Discussing the European Court of Justice’s (ECJ) judgment in Comité d’entreprise de Nortel Networks SA, John Jessup of 11 Stone Buildings says the significant point to be taken from this case is that those who plan to open, or have opened, main insolvency proceedings can do little to prevent secondary proceedings being opened in another member state.’

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11 Stone Buildings, July 2015

Source: www.11sb.com

Divisional Court strikes down DRIPA communications data law – UK Human Rights Blog

Posted July 21st, 2015 in conflict of laws, EC law, electronic mail, human rights, legislation, news by sally

‘R (ota Davis et al) v. Secretary of State for Home Department [2015] EWHC 2092 – 17 July 2015. When a domestic Act of Parliament is in conflict with EU law, EU law wins. And when a bit of the EU Charter (given effect by the Lisbon Treaty) conflicts with an EU Directive, the EU Charter wins. Which is why the Divisional Court found itself quashing an Act of Parliament on Friday – at the behest of four claimants, including two MPs, the Tories’ David Davis and Labour’s Tom Watson.’

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UK Human Rights blog, 19th july 2015

Source: www.ukhumanrightsblog.com

Banque Cantonale de Geneve v Polevent Ltd and others – WLR Daily

Posted July 21st, 2015 in conflict of laws, EC law, foreign jurisdictions, law reports, regulations, restitution by sally

Banque Cantonale de Geneve v Polevent Ltd and others: [2015] EWHC 1968 (Comm); [2015] WLR (D) 304

‘The law governing a claim in restitution was the law of the country in which the unjust enrichment took place pursuant to article 10(3) of Parliament and Council Regulation (EC) No 864/2007.’

WLR Daily, 10th July 2015

Source: www.iclr.co.uk

Of Megabytes and Men: the private use exception under the judicial lens and lessons for state aid claims – Competition Bulletin from Blackstone Chambers

Posted July 3rd, 2015 in copyright, EC law, judicial review, news, proportionality, state aids by sally

‘On 19 June 2015, the High Court allowed a claim for judicial review against the decision to introduce a narrow “private copying” exception to the Copyright, Designs and Patents Act 1988 (the “CDPA 1988”). The decision is of interest to EU and competition lawyers for two reasons: (1) its examination of the standard of review in public law cases with an EU law dimension and also (2) its analysis of the state aid issues which were raised.’

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Competition Bulletin from Blackstone Chambers, 2nd July 2015

Source: www.competitionbulletin.com

New UK rules finalised on the re-use of public sector information – OUT-LAW.com

Posted July 1st, 2015 in archives, data protection, EC law, libraries, news, public interest, public private partnerships by sally

‘Public bodies in the UK must make it easier for businesses to re-use the information they hold from the middle of next month, under new regulations that have been passed by parliament.’
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OUT-LAW.com, 30th June 2015

Source: www.out-law.com

New code of conduct on data protection for cloud service providers being scrutinised by EU privacy watchdogs – OUT-LAW.com

Posted July 1st, 2015 in data protection, EC law, internet, news, regulations by sally

‘EU privacy watchdogs are assessing a proposed new code of conduct on data protection for cloud service providers that the European Commission hopes will help to boost the uptake of cloud services by EU businesses.’
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OUT-LAW.com, 30th June 2015

Source: www.out-law.com

Do you copy? UK’s new format-shifting exception found illegal – Technology Law Update

Posted June 30th, 2015 in artistic works, compensation, copyright, EC law, intellectual property, news by sally

‘You buy a CD and makes a copy for use on a portable device, or for storage in a cloud service. That’s allowed isn’t it? Well, it wasn’t strictly legal in the UK until October 2014. That was when the UK introduced a new exception from copyright infringement for personal copies for an individual’s private use. Now the new exception has been found illegal in court and hangs in the balance while the courts and the UK government decide what happens next.’

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Technology Law Update, 26th June 2015

Source: www.technology-law-blog.co.uk

Regina (Lumsdon and others) v Legal Services Board – WLR Daily

Posted June 30th, 2015 in advocacy, appeals, barristers, EC law, judicial review, law reports, Legal Services Board, proportionality, quality assurance, Solicitors Regulation Authority, standards, Supreme Court by sally

Regina (Lumsdon and others) v Legal Services Board [2015] UKSC 41; [2015] WLR (D) 270

‘The decision of the Legal Services Board to approve the Quality Assurance Scheme for Advocates (“QASA”), introduced by the regulators to assess the performance of criminal advocates in England and Wales, complied with the requirements of article 9 of Parliament and Council Directive 2006/123/EC and regulation 14 of the Provision of Services Regulations 2009 (SI 2009/2999), and was proportionate and lawful.’

WLR Daily, 24th June 2015

Source: www.iclr.co.uk

Gay couple in fight for equal pension rights – BBC News

Posted June 30th, 2015 in appeals, civil partnerships, EC law, employment tribunals, equality, homosexuality, married persons, news, pensions by sally

‘A gay man has launched a legal bid for his husband to have the same pension rights a wife would have if he was in a heterosexual relationship.’

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BBC News, 29th June 2015

Source: www.bbc.co.uk

Supreme Court on EU and ECHR proportionality – back to basics – UK Human Rights Blog

Posted June 29th, 2015 in advocacy, appeals, barristers, EC law, human rights, limitations, news, proportionality, public interest, quality assurance, Supreme Court by sally

‘The Supreme Court has reminded us, in a tour de force by Lord Reed, that there is no such thing as one-stop proportionality. It varies between ECHR and EU law, and the tests of EU proportionality then vary according to the nature of the EU issue in play.’

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UK Human Rights Blog, 27th June 2015

Source: www.ukhumanrightsblog.com

UK private copyright exception ‘unlawful’, rules High Court – OUT-LAW.com

Posted June 23rd, 2015 in compensation, copyright, EC law, intellectual property, news, proportionality by sally

‘The UK’s private copying regime is “unlawful”, the High Court has ruled.’

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OUT-LAW.com, 19th June 2015

Source: www.out-law.com

Copying material for private use: is it legal? – UK Human Rights Blog

Posted June 22nd, 2015 in artistic works, consultations, copyright, EC law, intellectual property, judicial review, news, state aids by sally

‘British Academy of Songwriters, Composers and Authors and others, R(on the application of) v Secretary of State for Business, Innovation and Skills and another [2015] EWHC 1723 (Admin). An exception to copyright infringement for private use has failed to survive a challenge in the High Court. But this may not be the end of the story.’

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UK Human Rights Blog, 20th June 0215

Source: www.ukhumanrightsblog.com

Paul Bernal: Privacy, Surveillance and Brexit…. – UK Constitutional Law Association

Posted June 18th, 2015 in brexit, constitutional law, EC law, human rights, investigatory powers, news, privacy, treaties by sally

An Englishman’s home is his castle, so the old saying goes, and it might be thought that the implication is that the English place a special importance on privacy. The reverse, however, seems to be the case, when the law is considered – for much of the law that provides protection for our privacy, particularly in relation to surveillance, does not originate in the UK but in Europe. With the perfect storm of possible ‘Brexit’ and the potential repeal of the Human Rights Act (HRA), that might leave our privacy in an even more precarious state than it currently is. The so-called ‘British Bill of Rights’ has yet to see the light of day: one of the key questions could be what provision it makes for privacy, particularly in relation to the internet and other forms of communications.
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UK Constitutional Law Association, 18th June 2015

Source: www.ukconstitutionallaw.org

Frank Wijckmans talk to Law Vox about competition law – OUP Law Vox

Posted June 17th, 2015 in competition, EC law, news, third parties by sally

‘In this podcast competition law expert Frank Wijckmans talks to George Miller about many aspects of competition law. In a wide-ranging discussion they cover definitions and awareness, leniency and fining regimes, and recidivism as well as liability and third party claims. Frank also situates cartels within the broader landscape of EU competition law and discusses how much of priority they are to the authorities.’

Listen

OUP Law Vox, 6th June 2015

Source: www.soundcloud.com/oupacademic

Why do corporate lawyers need to know about human rights? – Halsbury’s Law Exchange

Posted June 17th, 2015 in EC law, human rights, mergers, news, regulations, United Nations by sally

‘Since the adoption of the UN Guiding Principles on Business and Human Rights in 2011, human rights due diligence requirements are progressively finding their way into hard law, for instance, in reporting and compliance regulations. Examples of recent regulatory developments include the EU Directive on non-financial reporting, the UK Modern Slavery Act 2015, and section 1502 of the US Dodd-Frank Act. Proposals relating to mandatory human rights due diligence have been initiated in the EU, France and Switzerland, and the UN Human Rights Council has now appointed an intergovernmental working group to explore the possibility of a binding treaty on business and human rights.’
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Halsbury’s Law Exchange, 17th June 2015

Source: www.halsburyslawexchange.co.uk

Dispelling myths about EU law – OUP Blog

Posted June 17th, 2015 in copyright, EC law, intellectual property, news, patents by sally

‘What are the most common myths surrounding the laws of the European Union? We asked two experts, Phil Syrpis and Catherine Seville, to describe and combat some misconceptions. From the Maastricht Treaty to intellectual property law, here are some of the topics they addressed.’

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OUP Blog, 17th June 2015

Source: www.blog.oup.com

Nestle faces setback in KitKat trademark battle – BBC News

Posted June 12th, 2015 in EC law, food, news, trade marks by sally

‘Confectionery giant Nestle’s attempt to trademark the shape of its four-finger KitKat bar in the UK does not comply with European law, a senior European Court lawyer has said.’

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BBC News, 11th June 2015

Source: www.bbc.co.uk

Legal challenge against Data Retention and Investigatory Powers Act reaches High Court – OUT-LAW.com

Posted June 5th, 2015 in bills, data protection, EC law, human rights, intelligence services, investigatory powers, news, police, privacy, proportionality, telecommunications by sally

‘A legal challenge fronted by two UK MPs against communications surveillance laws passed last year has reached the High Court.’

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OUT-LAW.com, 4th June 2015

Source: www.out-law.com

Littlewoods Ltd and others v Revenue and Customs Commissioners (No 2) – WLR Daily

Posted June 3rd, 2015 in appeals, EC law, interest, law reports, restitution, VAT by sally

Littlewoods Ltd and others v Revenue and Customs Commissioners (No 2) [2015] EWCA Civ 515; [2015] WLR (D) 228

‘In accordance with a taxpayer’s rights under European Union law, sections 78 and 80 of the Value Added Tax act 1994 would be disapplied to enable the taxpayer to recover more than simple interest by seeking to recover in restitution the time value of sums which they wrongly paid.’

WLR Daily, 21st May 2015

Source: www.iclr.co.uk