EC law – Page 62 – Current Awareness

Dogma in telecoms, cream for the CAT: 08- numbers in the Supreme Court – Competition Bulletin from Blackstone Chambers

Posted July 11th, 2014 in competition, contracts, EC law, news, Supreme Court, telecommunications by sally

‘The Supreme Court yesterday handed down judgment in British Telecommunications plc v Telefónica O2 UK Ltd & Ors [2014] UKSC 42. Reversing the decision of the Court of Appeal (blogged on here by Emily Neill), Lord Sumption for a unanimous Supreme Court held that there had been no basis for Ofcom to disallow BT’s introduction of “ladder pricing” in wholesale termination charges for certain non-geographic telephone numbers (specifically 080, 0845 and 0870, whence the litigation’s popular name among telecoms lawyers: “08- numbers”).’

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Competition Bulletin from Blackstone Chambers, 10th July 2014

Source: www.competitionbulletin.com

Emergency surveillance law to be brought in with cross-party support – The Guardian

Posted July 10th, 2014 in bills, EC law, internet, news, privacy, telecommunications by sally

‘Controversial emergency laws will be introduced into the Commons next Monday to reinforce the powers of security services to require phone companies to keep records of their customers’ calls.’

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The Guardian, 10th July 2014

Source: www.guardian.co.uk

British Telecommunications plc (Appellant) v Telefónica O2 Ltd and others (Respondents) – Supreme Court

Posted July 9th, 2014 in competition, contracts, EC law, law reports, telecommunications by sally

British Telecommunications plc (Appellant) v Telefónica O2 Ltd and others (Respondents) [2014] UKSC 42 (YouTube)

Supreme Court, 9th July 2014

Source: www.youtube.com/user/UKSupremeCourt

Ministers push for new legislation to track phone usage – The Guardian

Posted July 7th, 2014 in bills, data protection, EC law, intelligence services, investigatory powers, news, privacy, telecommunications, terrorism by sally

‘Ministers are poised to pass emergency laws to require phone companies to log records of phone calls, texts and internet usage, but Labour and Liberal Democrats are warning that they will not allow any new law to become a backdoor route to reinstating a wider “snooper’s charter”.’

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The Guardian, 6th July 2014

Source: www.guardian.co.uk

UK news organisations criticise Google over implementation of new law – The Guardian

Posted July 4th, 2014 in EC law, internet, media, names, news, privacy by sally

‘Google has come under fire for its “clumsy” approach to obeying Europe’s new “right to be forgotten” law, after it began blocking some name-based searches to articles on the websites of UK news organisations. The Guardian, Daily Mail and BBC complained about the search engine implementing a ruling made in May by Europe’s highest court, the European court of justice, by starting to remove links to some pages when searches are made against particular names.’

FUll story

The Guardian, 3rd July 2014

Source: www.guardian.co.uk

Avoiding the clinch: judicial respect for the rules inherent to sport – Competition Bulletin from Blackstone Chambers

Posted July 2nd, 2014 in appeals, arbitration, courts, damages, disciplinary procedures, EC law, licensing, news, professional conduct, sport by sally

‘In a recent bout in the High Court, the specificity of sporting disputes once again came to the fore. In Bruce Baker v British Boxing Board of Control [2014] EWHC 2074 (QB), 25 June 2014, Sir David Eady was faced with the old chestnut of a request for a court to interfere with a national sporting body’s decision to sanction one of its participants. One interim application later, and the BBBC was still standing.’

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Competition Bulletin from Blackstone Chambers, 1st July 2014

Source: www.competitionbulletin.com

Exceptional cases: High Court widens scope of LASPO and declares guidance unlawful – Legal Aid Handbook

Posted July 2nd, 2014 in civil justice, EC law, families, human rights, immigration, judicial review, legal aid, news, refugees by sally

‘The High Court recently gave judgement in Gudanaviciene & Ors v Director of Legal Aid Casework & Anor [2014] EWHC 1840 (Admin).’

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Legal Aid Handbook, 1st July 2014

Source: www.legalaidhandbook.com

Regina (Baradaran and another) v Secretary of State for the Home Department (Sikh Council Hampshire intervening); [2014] EWCA Civ 854; [2014] WLR (D) 281 – WLR Daily

Posted June 27th, 2014 in asylum, EC law, human rights, Islam, law reports, religious discrimination by sally

Regina (Baradaran and another) v Secretary of State for the Home Department (Sikh Council Hampshire intervening): [2014] EWCA Civ 854; [2014] WLR (D) 281

‘The removal of a female Muslim claimant of school age to France, where she had first claimed asylum and which had accepted responsibility for that claim, did not breach her Convention rights to a private and family life and freedom of religion by reason of a French law prohibiting the wearing of religious symbols and clothing in state schools.’

WLR Daily, 24th June 2014

Source: www.iclr.co.uk

Dreadlock holiday pay – Hardwicke Chambers

Posted June 26th, 2014 in EC law, employment tribunals, holiday pay, news, remuneration, working time by sally

’10cc were a great band – from a decade of great bands of course – “Dreadlock holiday” an iconic track and I don’t like cricket, no no, I love it. So what a joy to be able to reference this title to a very significant employment case reported last week. How come? Well the pun starts here: (1) the case is Lock v British Gas Trading Limited (2) it is all about holiday pay and (3) employers will dread its implications.’

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Hardwicke Chambers, 10th June 2014

Source: www.hardwicke.co.uk

Dawson v Thomson Airways Ltd – WLR Daily

Posted June 25th, 2014 in airlines, carriage by air, compensation, delay, EC law, law reports, limitations by sally

Dawson v Thomson Airways Ltd [2014] EWCA Civ 845; [2014] WLR (D) 279

‘The limitation period applicable to a claim brought in England for compensation for cancellation or delay under articles 5 and 7 of Parliament and Council Regulation (EC) No 261/2004 was the six-year period prescribed by section 9 of the Limitation Act 1980.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

Centro Hospitalar de Setúbal EPE and another v Eurest (Portugal)—Sociedade Europeia de Restaurantes Lda – WLR Daily

Posted June 24th, 2014 in charities, EC law, hospitals, law reports, public procurement by sally

Centro Hospitalar de Setúbal EPE and another v Eurest (Portugal)—Sociedade Europeia de Restaurantes Lda (Case C‑574/12); ECLI:EU:C:2014:2004; [2014] WLR (D) 272

‘Where a contractor under a public contract was a non-profit association which, at the time of the award of the contract, had as partners not only public sector entities but also private social solidarity institutions carrying out non-profit activities, the requirement for “similar control”, established by the case law of the Court of Justice of the European Union in order that the award of a public contract could be regarded as an in-house operation, was not met, so that Parliament and Council Directive 2004/18/EC of 31 March 2004 on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts applied.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

Karen Millen Fashions Ltd v Dunnes Stores and others – WLR Daily

Posted June 24th, 2014 in Community designs, EC law, intellectual property, law reports, regulations by sally

Karen Millen Fashions Ltd v Dunnes Stores and others (Case C-345/13); ECLI:EU:C:2014:2013; [2014] WLR (D) 273

‘Article 6 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs meant that, in order for a design to be considered to have individual character, the overall impression which that design produced on the informed user had to be different from that produced on such a user, not by a combination of features taken in isolation and drawn from a number of earlier designs, but by one or more earlier designs, taken individually. Article 85(2) meant that, in order for a Community design court to treat an unregistered Community design as valid, the right holder of that design was not required to prove that it had individual character within the meaning of article 6, but need only indicate what constituted the individual character of that design, ie, indicated what, in his view, were the element or elements of the design concerned which gave it its individual character.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

Oberbank AG v Deutscher Sparkassen-und Giroverband eV; Banco Santander SA and another v Same – WLR Daily

Posted June 24th, 2014 in banking, EC law, intellectual property, law reports, trade marks by sally

Oberbank AG v Deutscher Sparkassen-und Giroverband eV; Banco Santander SA and another v Same (Joined Cases C-217/13 and C-218/13); ECLI:EU:C:2014:2012; [2014] WLR (D) 274

‘Article 3(1) and (3) of Parliament and Council Directive 2008/95/EC of 22 October 2008 to approximate the laws of the member states relating to trade marks precluded an interpretation of national law according to which, in the context of proceedings raising the question whether a contourless colour mark had acquired a distinctive character through use, it was necessary in every case that a consumer survey indicated a degree of recognition of at least 70%.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

Glucosamine: is it a medicine or not a medicine? Blue Bio v Secretary of State for Health – Technology Law Update

Posted June 20th, 2014 in EC law, food, medicines, news by sally

‘Medicines are tightly regulated – for good reason. But what about those products occupying the grey area around obviously medicinal products: food supplements, sports nutrition, herbal and homeopathic remedies, for example? When should these borderline products receive the same scrutiny and control?.’

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Technology Law Update, 20th June 2014

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

The Rights of European Citizens and their Spouses to Come to the UK: Inspecting the Application Process and the Tackling of Abuse – Home Office

Posted June 20th, 2014 in EC law, fraud, immigration, marriage, press releases by sally

‘An inspection of the efficiency and effectiveness of the Home Office’s handling of this European casework by John Vine CBE QPM, Independent Chief Inspector of Borders and Immigration.’

Full text

Home Office, 19th June 2014

Source: www.gov.uk/home-office

Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another – WLR Daily

Posted June 20th, 2014 in EC law, human rights, immigration, judicial review, law reports, legal aid by sally

Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another: [2014] EWHC 1840 (Admin); [2014] WLR (D) 266

‘The Lord Chancellor’s Exceptional Funding Guidance (Non-Inquests) issued under section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, applied by the Legal Aid Agency in withholding legal aid in immigration cases, was unlawful in that it set too high a threshold.’

WLR Daily, 13th June 2014

Source: www.iclr.co.uk

EU ruling goes against ministers on pregnant benefit claimant – The Guardian

Posted June 20th, 2014 in benefits, domicile, EC law, news, pregnancy, references to European Court by sally

‘A pregnant French woman, who was denied benefits in the UK because she was not considered to be “a worker”, had been entitled to the payments, the European Court of Justice has ruled. Jessy Saint Prix gave up work as a teaching assistant and was denied income support. Non-UK residents are not entitled to the benefit – unless they have acquired the status of worker in EU law. The case now returns to the Supreme Court for a final ruling.’

Full story

The Guardian, 19th June 2014

Source: www.guardian.co.uk

Huzar v Jet2.com Ltd – WLR Daily

Posted June 19th, 2014 in aircraft, appeals, compensation, delay, EC law, law reports by sally

Huzar v Jet2.com Ltd [2014] EWCA Civ 791; [2014] WLR (D) 239

‘A technical problem in an aircraft which could properly be described as the result of usual wear and tear did not constitute “extraordinary circumstances” within the meaning of article 5(3) of Parliament and Council Regulation (EC) No 261/2004 such as to exempt the carrier from the obligation to compensate passengers for delay, notwithstanding that the problem neither had been discovered nor was discoverable by a reasonable regime of maintenance and inspection.

WLR Daily, 11th June 2014

Source: www.iclr.co.uk

Bollacke v K + K Klaas & Kock BV & Co KG – WLR Daily

Posted June 19th, 2014 in EC law, employment, law reports, remuneration, working time by sally

Bollacke v K + K Klaas & Kock BV & Co KG (Case C-18/13); ECLI:EU:C:2014:1517; [2014] WLR (D) 254

‘Article 7 of Parliament and Council Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time precluded national legislation or practice which provided that the entitlement to paid annual leave was lost without conferring entitlement to an allowance in lieu of leave outstanding, where the employment relationship was terminated by the death of the worker. Receipt of such an allowance was not dependent on a prior application.’

WLR Daily, 12th June 2014

Source: www.iclr.co.uk