Category: EC law

Regina (Buer) v Secretary of State for the Home Department – WLR Daily

Posted August 4th, 2014 in EC law, freedom of movement, law reports, treaties by sally

Regina (Buer) v Secretary of State for the Home Department [2014] EWCA Civ 1109; [2014] WLR (D) 359

‘Article 13 of Decision No 1/80 adopted under the Agreement establishing an Association between the European Economic Community and Turkey did not apply to Turkish workers who were already sufficiently integrated into the work force of the host member state to enjoy rights under article 6(1) of the Decision.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Healthcare at Home Limited (Appellant) v The Common Services Agency (Respondent) (Scotland) – Supreme Court

Posted August 1st, 2014 in EC law, health, law reports, public procurement, Scotland, tenders by sally

Healthcare at Home Limited (Appellant) v The Common Services Agency (Respondent) (Scotland) [2014] UKSC 49 (YouTube)

Supreme Court, 30th July 2014

Source: www.youtube.com/user/UKSupremeCourt

MB v Secretary of State for Work and Pensions – WLR Daily

Posted August 1st, 2014 in appeals, EC law, gender, law reports, pensions, sexual orientation discrimination by sally

MB v Secretary of State for Work and Pensions [2014] EWCA Civ 1112; [2014] WLR (D) 355

‘The effect of section 4 of the Gender Recognition Act 2004, which required that a subsisting marriage be annulled prior to the issue of a full gender recognition certificate, and thus to being treated as a woman for pension purposes, did not contravene the principle of equal treatment and was accordingly not discriminatory.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service – WLR Daily

Posted August 1st, 2014 in EC law, health, law reports, news, public procurement, Scotland, tenders by sally

Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service [2014] UKSC 49; [2014] WLR (D) 351

‘On a challenge by an unsuccessful tenderer for a public contract, the question whether the published criteria for the award of the contract had been sufficiently clear was to be determined by the court applying an objective legal standard by reference to a reasonably well informed and diligent tenderer and did not depend on the evidence of witnesses as to how they had understood the document.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Transgender person’s claim for female state pension rejected by appeal court – The Guardian

Posted July 31st, 2014 in appeals, EC law, gender, news, pensions, sexual orientation discrimination by michael

‘A transgender person’s claim to be entitled to receive the female state pension at the age of 60 has been rejected by the appeal court.’

Full story

The Guardian, 31st July 2014

Source: www.guardian.co.uk

In re H (Children) (Custody Rights: Jurisdiction) – WLR Daily

Posted July 31st, 2014 in appeals, children, EC law, jurisdiction, law reports, parental responsibility, regulations, residence orders by michael

In re H (Children) (Custody Rights: Jurisdiction) [2014] EWCA Civ 1101;  [2014] WLR (D)  343

‘There was no longer a “rule” that where two parents had parental responsibility for a child neither could unilaterally change the child’s habitual residence. The correct approach was a factual inquiry tailored to the circumstances of an individual case. Where the issue related to removal of children to a country outside the EU, jurisdiction to determine an application for their return remained with the courts of England and Wales.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

The ‘right to be forgotten’ simply doesn’t exist – Daily Telegraph

Posted July 31st, 2014 in data protection, EC law, internet, news, privacy by michael

‘Most people have moments in their past that they would prefer not to be in the spotlight. What if, when you enter your name in Google, the first thing that comes up is a link to an episode that you would like to be forgotten. Can it be forgotten? If it can, should it be? Should you have a right to have the link deleted? And based on what procedure?’

Full story

Daily Telegraph, 31st July 2014

Source: www.telegraph.co.uk

Plans outlined to amend tax rules to enable new simplified reporting of VAT owed for supply of digital services – OUT-LAW.com

Posted July 31st, 2014 in consultations, EC law, news, regulations, taxation, VAT by michael

‘Proposed amendments to UK tax rules are being consulted on by HM Revenue & Customs (HMRC) to recognise a new simplified mechanism that is being introduced for reporting VAT owed on the supply of digital services following changes to EU laws.’

Full story

OUT-LAW.com, 30th July 2014

Source: www.out-law.com

Regina (Rotherham Borough Council and others) v Secretary of State for Business, Innovation and Skills – WLR Daily

Posted July 30th, 2014 in budgets, EC law, equality, judicial review, law reports by sally

Regina (Rotherham Borough Council and others) v Secretary of State for Business, Innovation and Skills [2014] EWCA Civ 1080; [2014] WLR (D) 338

‘Where decisions were made by a minister of state concerning matters of high level policy and economic, social and political judgment, involving the making of choices as to allocations of European Union structural funding between the four regions of the United Kingdom with the objectives, achievable in many different ways, of implementing the delivery of smart, sustainable and inclusive growth while promoting the harmonious development of the Union and reducing regional disparities, a wide margin of discretion was afforded the decision-maker, with which a court should only interfere if satisfied that the decisions were manifestly inappropriate or manifestly wrong.’

WLR Daily, 28th July 2014

Source: www.iclr.co.uk

Right to be forgotten is unworkable, say peers – The Guardian

Posted July 30th, 2014 in data protection, EC law, internet, news, privacy by sally

‘A “right to be forgotten” – enforcing the removal of online material – is wrong in principle and unworkable in practice, a parliamentary committee has said.’

Full story

The Guardian, 30th July 2014

Source: www.guardian.co.uk

Austin v Miller Argent (South Wales) Ltd – WLR Daily

Posted July 23rd, 2014 in damages, EC law, law reports, nuisance, protective costs orders by michael

Austin v Miller Argent (South Wales) Ltd [2014] EWCA Civ 1012;  [2014] WLR (D)  331

‘Private nuisance actions were in principle capable of constituting procedures which fell within the scope of article 9.3 of the Aarhus Convention. There had to be a significant public interest in the action to justify conferring special costs protection on a claimant. The article 9.4 obligation which afforded procedural costs protection was no more than a factor to take into account when deciding whether to grant a protected costs order.’

WLR Daily, 21st July 2014

Source: www.iclr.co.uk

Torresi v Consiglio dell’Ordine degli Avvocati di Macerata; Same v Same – WLR Daily

Posted July 23rd, 2014 in EC law, freedom of movement, law reports, legal profession by michael

Torresi v Consiglio dell’Ordine degli Avvocati di Macerata; Same v Same (Joined Cases C-58/13 and C-59/13 ECLI:EU:C:2014:2088;  [2014] WLR (D)  323

‘Article 3 of Parliament and Council Directive 98/5/EC to facilitate practice of the profession of lawyer on a permanent basis in a member state other than that in which the qualification was obtained (OJ 1998 L77, p 36) meant that no abuse could be identified in the fact that a national of a member state who, after successfully obtaining a university degree, had travelled to another member state in order to acquire the professional qualification of lawyer and then returned to the member state of which he was a national in order to practise the profession of lawyer under the professional title obtained in the member state where that professional qualification was acquired.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

Tahir v Ministero dell’Interno and another – WLR Daily

Posted July 23rd, 2014 in EC law, families, freedom of movement, law reports by michael

Tahir v Ministero dell’Interno and another (Case C-469/13) ECLI:EU:C:2014:2094;  [2014] WLR (D)  322

‘Articles 4(1) and 7(1) of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L16, p 44) (as amended) meant that family members of a person who had already acquired long-term resident status could not be exempted from the condition laid down in article 4(1), under which, in order to obtain that status, a third-country national had to have resided legally and continuously in the member state concerned for five years immediately prior to the submission of the relevant application. Article 13 did not allow a member state to issue family members, as defined in article 2(e), with long-term residents’ EU residence permits on terms more favourable than those laid down by the Directive.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

EU report finds no evidence to support sweeping immigration reforms – The Guardian

Posted July 23rd, 2014 in EC law, immigration, news, reports by michael

‘A government review looking into freedom of movement across the EU has not recommended any sweeping reforms to immigration rules in a report likely to disappoint Conservative Eurosceptics.’

Full story

The Guardian, 22nd July 2014

Source: www.guardian.co.uk

Google “Right to be forgotten” – freedom of expression v privacy – Halsbury’s Law Exchange

Posted July 21st, 2014 in EC law, freedom of expression, internet, news, privacy by sally

‘In the context of the draft EU General Data Protection Regulations (the Draft Regulations) – which will replace the current EU Data Protection Directive 95/46/EC (the Directive) – should the European Court of Justice’s (ECJ) Google Spain “Right to be forgotten” ruling be welcomed? Is it testing the “right to be forgotten” contained in the Draft Regulations before it is enshrined in legislation, or does it simply amount to the clumsy implementation of a “new” right without a democratic debate on its wider implications?’

Full story

Halsbury’s Law Exchange, 17th July 2014

Source: www.halsburyslawexchange.co.uk

Ahmad v Secretary of State for the Home Department (AIRE Centre intervening) – WLR Daily

Posted July 18th, 2014 in EC law, freedom of movement, health, law reports, married persons, national insurance by sally

Ahmad v Secretary of State for the Home Department (AIRE Centre intervening); [2014] EWCA Civ 988; [2014] WLR (D) 318

‘The conditions in article 7(1) of Parliament and Council Directive 2004/38/EC, as implemented by the Immigration (European Economic Area) Regulations 2006, were to be strictly interpreted on the basis that the right to a permanent residence card was a privilege which was not conferred unless there was strict and literal compliance with the conditions therein. They were not to be interpreted under European Union law in a dynamic way such that it was enough if they were substantially or functionally fulfilled.’

WLR Daily, 16th July 2014

Source: www.iclr.co.uk

YS v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v M and another – WLR Daily

Posted July 18th, 2014 in data protection, EC law, government departments, immigration, law reports by sally

YS v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v M and another; (Joined Cases C-141/12 and C-372/12) ECLI:EU:C:2014:2081; [2014] WLR (D) 324

‘Article 2(a) of Parliament and Council Directive 95/46/EC meant that data relating to an applicant for a residence permit contained in an administrative document amounted to “personal data”. Article 12(a) of Directive 95/46 and article 8(2) of the Charter of Fundamental Rights of the European Union meant that an applicant for a residence permit had a right of access to all personal data concerning him which were processed by the national administrative authorities within the meaning of article 2(b). For that right to be complied with, it was sufficient that the applicant was in possession of a full summary of those data in an intelligible form, which allowed the applicant to become aware of those data and to check that they were accurate and processed in compliance with that Directive, so that he could, where relevant, exercise the rights conferred on him by that Directive. Article 41(2)(b) of the Charter meant that the applicant for a residence permit could not rely on that provision against the national authorities.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

Emergency data retention law could fail same tests as the existing law – OUT-LAW.com

Posted July 15th, 2014 in bills, EC law, electronic mail, news, telecommunications by sally

‘FOCUS: The new law proposed by the UK government to ensure that telecoms companies keep communications data for a year could be challenged in the same way as the court-revoked law it is replacing.’

Full story

OUT-LAW.com, 15th July 2014

Source: www.out-law.com

Supreme Court: BT entitled to introduce new charging regime for connecting ’08’ calls from mobile networks – OUT-LAW.com

Posted July 14th, 2014 in appeals, competition, contracts, dispute resolution, EC law, news, Supreme Court, telecommunications, tribunals by sally

‘A new charging scheme proposed by BT, the telecommunications firm, for connecting calls from mobile networks to its ‘0800’, ‘0845’ and ‘0870’ non-geographic fixed line phone numbers should not have been rejected by regulator Ofcom, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 11th July 2014

Source: www.out-law.com

Brussels takes UK to court over boats using red diesel – BBC News

Posted July 11th, 2014 in customs and excise, EC law, energy, news, taxation by sally

‘The European Commission is taking the UK to court in a long-running row over its policy of allowing leisure boats to use lower-taxed red diesel.’

Full story

BBC News, 10th July 2014

Source: www.bbc.co.uk