Category: EC law

Victory for Spamalot – Niebel in the Upper Tribunal – Panopticon

Posted June 19th, 2014 in data protection, EC law, electronic mail, harassment, news, telecommunications, tribunals by sally

‘The spamming industry is a decidedly irritating but sadly almost unavoidable feature of our networked world. There is no question but that spamming (i.e. the sending of unsolicited direct marketing electronic communications) constitutes an unlawful invasion of our privacy (see further regs 22-23 of the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) (PECR), implemented under EU Directive 2002/21/EC). The question is what can be done to stop it, particularly given that individual citizens will typically not want to waste their time litigating over the odd spam email or text?’

Full story

Panopticon, 19th June 2014

Source: www.panopticonblog.com

New distance selling rules among new UK consumer protection law reforms – OUT-LAW.com

Posted June 16th, 2014 in consent, consumer protection, contracts, EC law, fines, internet, news, time limits by sally

‘Businesses must respect new consumer rights to cancel contracts for services or the supply of digital content over the internet up to a minimum of 14 days after those contracts have been entered into, under new rules which have come into force in the UK.’

Full story

OUT-LAW.com, 13th June 2014

Source: www.out-law.com

Delaney v Secretary of State for Transport – WLR Daily

Posted June 13th, 2014 in compensation, dangerous driving, drug offences, EC law, joint enterprise, law reports, news, personal injuries, uninsured drivers by sally

Delaney v Secretary of State for Transport [2014] EWHC 1785 (QB); [2014] WLR (D) 253

‘Clause 6(1)(e)(iii) of the Motor Insurers’ Bureau (Compensation of Victims of Uninsured Drivers) Agreement 1999, made between the Motor Insurers’ Bureau and the Secretary of State for Transport and which provided an exclusion from liability for compensation for the Motor Insurers’ Bureau, was incompatible with Council Directive 72/166/EEC, Second Council Directive 84/5/EEC and Third Council Directive 90/232/EEC.’

WLR Daily, 3rd June 2014

Source: www.iclr.co.uk

Coty Germany GmbH (formerly Coty Prestige Lancaster Group GmbH) v First Note Perfumes NV – WLR Daily

Posted June 11th, 2014 in conflict of laws, EC law, jurisdiction, law reports, trade marks by sally

Coty Germany GmbH (formerly Coty Prestige Lancaster Group GmbH) v First Note Perfumes NV (Case C‑360/12); ECLI:EU:C:2014:911; [2014] WLR (D) 243

‘The concept of “the member state in which the act of infringement has been committed” in article 93(5) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark meant that, in the event of a sale and delivery of a counterfeit product in one member state, followed by a resale by the purchaser in another member state, that provision did not allow jurisdiction to be established to hear an infringement action against the original seller who did not himself act in the member state where the court seised was situated.’

WLR Daily, 5th June 2014

Source: www.iclr.co.uk

Drug-dealer passenger gets Euro-damages for car crash – UK Human Rights Blog

Posted June 9th, 2014 in accidents, appeals, compensation, drug offences, EC law, human rights, insurance, joint enterprise, news, personal injuries, uninsured drivers by sally

‘Many readers may be wondering how it comes about that a drug-dealer is entitled to compensation against Her Majesty’s Government in circumstances where he was injured during the course of a criminal joint enterprise. The understandable reaction might be: there must be some rule of public policy, reflecting public revulsion, which bars such a claim. The short answer is that there is not.’

Full story

UK Human Rights Blog, 7th June 2014

Source: www.ukhumanrightsblog.com

No separate licence needed for internet browsing – Public Relations Consultants v Newspaper Licensing Agency – Technology Law Update

Posted June 9th, 2014 in appeals, copyright, EC law, internet, licensing, news, Supreme Court by sally

‘Copyright law struggles to keep up with developing technology. In February’s Svensson decision the European court said that using hyperlinks to access material already freely available on the internet did not infringe.’

Full story

Technology Law Update, 9th June 2014

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

Internet users cannot be sued for browsing the web, ECJ rules – The Guardian

Posted June 9th, 2014 in appeals, copyright, EC law, internet, interpretation, licensing, news, Supreme Court by sally

‘Internet users who visit a website are safe from the threat of a copyright lawsuit, thanks to a landmark case which concluded in the European court of justice on Thursday.’

Full story

The Guardian, 5th June 2014

Source: www.guardian.co.uk

Drug dealer wins car crash compensation battle – Daily Telegraph

Posted June 4th, 2014 in compensation, dangerous driving, drug offences, EC law, joint enterprise, news, personal injuries, uninsured drivers by sally

‘High Court rules British laws on uninsured drivers are ‘in plain breach’ of European Union directives.’

Full story

Daily Telegraph, 3rd June 2014

Source: www.telegraph.co.uk

Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others – WLR Daily

Posted June 4th, 2014 in civil procedure rules, committals, company directors, contempt of court, EC law, jurisdiction, law reports, practice directions by sally

Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others: [2014] EWCA Civ 715; [2014] WLR (D) 239

‘CPR r 81.4(3), which gave the court power to order that a company director or officer be imprisoned for a company’s contempt, applied to a director who was outside the jurisdiction.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

Hines v Lambeth London Borough Council – WLR Daily

Posted June 4th, 2014 in appeals, benefits, carers, children, EC law, families, housing, immigration, law reports by sally

Hines v Lambeth London Borough Council: [2014] EWCA Civ 660; [2014] WLR (D) 238

‘A person whose right to remain in the United Kingdom had expired and who sought housing assistance under the Housing Act 1996 on the basis of a derivative right of residence as a primary carer of her son, a British citizen, would be entitled to accommodation only if her son would be effectively compelled to leave the United Kingdom if she left.’

WLR Daily, 20th May 2014

Source: www.iclr.co.uk

Lock v British Gas Trading Ltd – WLR Daily

Posted May 29th, 2014 in EC law, employment, law reports, remuneration, working time by michael

Lock v British Gas Trading Ltd (Case C-539/12) ECLI:EU:C:2014:351;  [2014] WLR (D)  224

‘Article 7(1) of Parliament and Council Directive 2003/88/EC precluded national legislation and practice under which a worker whose remuneration consisted of a basic salary and commission, the amount of which was fixed by reference to the contracts entered into by the employer as a result of sales achieved by that worker, was only entitled in respect of his paid annual leave, to remuneration composed exclusively of his basic salary. The methods of calculating the commission to which such a worker was entitled in respect of his annual leave had to be assessed by the national court or tribunal on the basis of the rules and criteria set out by the case law of the Court of Justice of the European Union and in the light of the objective pursued by article 7 of Directive 2003/88.’

WLR Daily, 22nd May 2014

Source: www.iclr.co.uk

Legal challenge to controversial herring gull cull dismissed by judge – The Guardian

Posted May 21st, 2014 in airlines, birds, charities, costs, EC law, environmental protection, judicial review, news by sally

‘A controversial cull of thousands of gulls in the UK will go ahead after a legal challenge by conservationists failed.’

Full story

The Guardian, 21st May 2014

Source: www.guardian.co.uk

In re K (A Child) (Reunite International Child Abduction Centre intervening) – WLR Daily

Posted May 21st, 2014 in care orders, child abduction, children, custody, EC law, interpretation, law reports, Northern Ireland, Supreme Court by sally

In re K (A Child) (Reunite International Child Abduction Centre intervening): [2014] UKSC 29; [2014] WLR (D) 218

‘The phrase “rights of custody,” within the meaning of articles 3 and 5(a) of the 1980 Convention on the Civil Aspects of International Child Abduction and article 2(9)(11) of Council Regulation (EC) No 2201/2003, was not limited to rights which were already legally recognised and enforceable but was to be interpreted purposively as including a reference to a wider category, termed “inchoate rights”, the existence of which would have been legally recognised if the matter had arisen before the particular act of removal or retention in question.’

WLR Daily, 15th May 2014

Source: www.iclr.co.uk

In re G (A Child) (Custody Rights: Stay of Proceedings) – WLR Daily

Posted May 21st, 2014 in appeals, children, consent, custody, EC law, families, jurisdiction, law reports, stay of proceedings by sally

In re G (A Child) (Custody Rights: Stay of Proceedings): [2014] EWCA Civ 680; [2014] WLR (D) 220

‘As a matter of the domestic law of England and Wales, it was rare for an order relating to a child to be truly final if “final” meant ruling out further applications to the court. An order settling contact, or residence could subsequently be varied or discharged and new arrangements for the child substituted. That did not mean that the order for residence or contact was not final any more than would the fact that proceedings might be taken to enforce the order. Whether particular proceedings had come to an end was a fact specific question which had to be determined by careful examination of the circumstances in which the order which brought the proceedings to an end was made and its precise terms.’

WLR Daily, 19th May 2014

Source: www.iclr.co.uk

In the matter of K (A child) (Northern Ireland) – Supreme Court

Posted May 19th, 2014 in appeals, child abduction, children, custody, EC law, enforcement, interpretation, law reports, Northern Ireland, Supreme Court by sally

In the matter of K (A child) (Northern Ireland) [2014] UKSC 29 (YouTube)

Supreme Court, 15th May 2014

Source: www.youtube.com/user/UKSupremeCourt

Google ruling, Pfizer boss grilled and World Cup ‘Rio-bocops’ – BBC News

Posted May 14th, 2014 in EC law, freedom of expression, internet, news, privacy by sally

‘There are mixed reactions in the press to a ruling by European judges over what has been dubbed the “right to be forgotten” on the internet.’

Full story

BBC News, 14th May 2014

Source: www.bbc.co.uk

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH – WLR Daily

Posted May 6th, 2014 in contracts, domicile, EC law, jurisdiction, law firms, law reports, regulations by sally

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH: [2014] EWHC 1085 (Comm); [2014] WLR (D) 182

‘An exclusive jurisdiction clause was a contractual benefit, the deprivation of which constituted harm suffered in that jurisdiction for the purposes of article 5(3) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.’

WLR Daily, 11th April 2014

Source: www.iclr.co.uk

Kásler and another v OTP Jelzálogbank Zrt – WLR Daily

Posted May 1st, 2014 in consumer credit, contracts, EC law, law reports, unfair contract terms by sally

Kásler and another v OTP Jelzálogbank Zrt (Case C‑26/13); [2014] WLR (D) 180

‘The expression the “main subject matter of a contract” in article 4(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts covered a term, incorporated in a loan agreement denominated in foreign currency concluded between a seller or supplier and a consumer and not individually negotiated, pursuant to which the selling rate of exchange of that currency was applied for the purpose of calculating the repayment instalments for the loan, only in so far as it was found, which it was for the national court to ascertain, that that term laid down an essential obligation of that agreement which characterised it. Such a term, in so far as it contained a pecuniary obligation for the consumer to pay, in repayment of instalments of the loan, the difference between the selling rate of exchange and the buying rate of exchange of the foreign currency, could not be considered as “remuneration” the adequacy of which as consideration for a service supplied by the lender could not be the subject of an examination as regards unfairness under article 4(2) of Directive 93/13.’

WLR Daily, 30th April 2014

Source: www.iclr.co.uk

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

Posted April 16th, 2014 in asylum, benefits, budgets, EC law, immigration, judicial review, law reports, standards by sally

Regina (Refugee Action) v Secretary of State for the Home Department: [2014] EWHC 1033 (Admin);   [2014] WLR (D)  167

‘The Home Secretary had acted unlawfully in failing to identify and take account of certain essential living needs for which provision had to be made in setting the level of cash support under section 96(1)(b) of the Immigration and Asylum Act 1999.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

Weber v Weber – WLR Daily

Posted April 15th, 2014 in conflict of laws, EC law, jurisdiction, law reports, stay of proceedings by sally

Weber v Weber: (Case C-438/12);   [2014] WLR (D)  165

‘There fell within the category of proceedings which had as their object “rights in rem in immovable property”, within the meaning of article 22(1) of Council Regulation (EC) No 44/2001, an action brought before the courts of another member state, seeking a declaration of invalidity of the exercise of a right of pre-emption attaching to that property and which produced effects with respect to all the parties. Before staying its proceedings in accordance with article 27(1) of Regulation No 44/2001, the court second seised was required to examine whether, by reason of a failure to take into consideration the exclusive jurisdiction laid down in article 22(1) thereof, the decision of the court first seised would be recognised in the other member states in accordance with article 35(1) of that Regulation.’

WLR Daily, 3rd April 2014

Source: www.iclr.co.uk