Category: EC law

Secretary of State for the Home Department v MG – WLR Daily

Posted January 20th, 2014 in child cruelty, EC law, freedom of movement, immigration, imprisonment, interpretation, law reports by sally

Secretary of State for the Home Department v MG (Case C-400/12); [2014] WLR (D) 4

‘The ten-year period of residence in article 28(3)(a) of Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states (OJ 2004 L158, p 77) had to be continuous and calculated by counting back from the date of the decision ordering the expulsion of the person concerned. A period of imprisonment was, in principle, capable both of interrupting the continuity of the period of residence for the purposes of that provision and of affecting the decision regarding the grant of the enhanced protection provided for thereunder, even where the person concerned resided in the host member state for the ten years prior to imprisonment. However, the fact that that person resided in the host member state for the ten years prior to imprisonment could be taken into consideration as part of the overall assessment required in order to determine whether the integrating links previously forged with the host member state had been broken.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

In re E (A Child) – WLR Daily

Posted January 20th, 2014 in care orders, children, EC law, human rights, jurisdiction, law reports, reporting restrictions by sally

In re E (A Child) [2014] EWHC 6 (Fam); [2014] WLR (D) 10

‘In any care or other public law case with a European dimension good practice would now require the court to set out explicitly the basis upon which it had either accepted or rejected jurisdiction and to identify the precise basis upon which it had proceeded. Furthermore, in cases involving foreign nationals there had to be transparency and openness as between the English family courts and the consular and other authorities of the relevant foreign state.’

WLR Daily, 14th January 2014

Source: www.iclr.co.uk

Onuekwere v Secretary of State for the Home Department – WLR Daily

Posted January 20th, 2014 in appeals, citizenship, EC law, freedom of movement, immigration, imprisonment, interpretation, law reports, married persons by sally

Onuekwere v Secretary of State for the Home Department (Case C-378/12); [2014] WLR (D) 7

‘Under article 16(2) of Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states, periods of imprisonment in the host member state of a third-country national, who was a family member of a Union citizen who had acquired the right of permanent residence in that member state during those periods, could not be taken into consideration in the context of the acquisition by that national of the right of permanent residence for the purposes of that provision. The continuity of residence was interrupted by periods of imprisonment in the host member state of a third country national who was a family member of a Union citizen who had acquired the right of permanent residence in that member state during those periods for the purposes of article 16(2) and (3).’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Reyes v Migrationsverket – WLR Daily

Posted January 20th, 2014 in EC law, families, freedom of movement, law reports by sally

Reyes v Migrationsverket (Case C-423/12); [2014] WLR (D) 6

‘Under article 2(2)(c) of Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states (OJ 2004 L158, p 77), a member state could not require a direct descendant who was 21 years old or older to have tried unsuccessfully to obtain employment or to obtain subsistence support from the authorities of his country of origin and/or otherwise to support himself in order to be regarded as dependent and thus come within the definition of a “family member”. The fact that a relative—due to personal circumstances such as age, education and health—was deemed to be well placed to obtain employment and in addition intended to start work in the member state did not affect the interpretation of “dependent”.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Finanzamt Düsseldorf-Mitte v Ibero Tours GmbH – WLR Daily

Posted January 20th, 2014 in agency, EC law, law reports, taxation, VAT by sally

Finanzamt Düsseldorf-Mitte v Ibero Tours GmbH (Case C-300/12); [2014] WLR (D) 8

‘Under the provisions of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the member states relating to turnover taxes—common system of value added tax: uniform basis of assessment, the principles laid down by the Court of Justice in Elida Gibbs v Customs and Excise Comrs (Case C-317/94) [1997] QB 499 concerning the determination of the taxable amount of the VAT did not apply when a travel agent, acting as an intermediary, granted to the final consumer, on the travel agent’s own initiative and at his own expense, a price reduction on the principal service provided by the tour operator.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Schmid v Hertel – WLR Daily

Posted January 20th, 2014 in assets recovery, EC law, insolvency, jurisdiction, law reports by sally

Schmid v Hertel (Case C-328/12); [2014] WLR (D) 5

‘Under article 3(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings, the courts of the member state within the territory of which insolvency proceedings had been opened had jurisdiction to hear and determine an action to set a transaction aside by virtue of insolvency that was brought against a person whose place of residence was not within the territory of a member state.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

In the matter of LC (Children); In the matter of LC (Children) (No 2) – Supreme Court

Posted January 17th, 2014 in child abduction, children, EC law, families, law reports, residence orders by sally

In the matter of LC (Children)In the matter of LC (Children) (No 2) [2014] UKSC 1

Supreme Court, 15th January 2014

Source: www.youtube.com/user/UKSupremeCourt

Association de médiation sociale v Union locale des syndicats CGT (Union départementale CGT des Bouches-du-Rhône and another intervening) – WLR Daily

Posted January 17th, 2014 in EC law, elections, law reports, trade unions by sally

Association de médiation sociale v Union locale des syndicats CGT (Union départementale CGT des Bouches-du-Rhône and another intervening) (Case C-176/12); [2014] WLR (D) 2

‘Article 27 of the Charter of Fundamental Rights of the European Union, by itself or in conjunction with the provisions of Parliament and Council Directive 2002/14/EC, could not be invoked in a dispute between individuals in order to disapply national provision.’

WLR Daily, 15th January 2014

Source: www.iclr.co.uk

European Commission v Portuguese Republic (Czech Republic and others intervening) – WLR Daily

Posted January 17th, 2014 in EC law, jurisdiction, law reports, penalties by sally

European Commission v Portuguese Republic (Czech Republic and others intervening) (Case C-292/11 P); [2014] WLR (D) 3

‘In the case where, in the context of verification of compliance with a judgment delivered by the Court of Justice pursuant to article 260FEU of the FEU Treaty, a difference arose between the European Commission and the member state concerned as to whether national legislation or a national practice which the Court of Justice had not examined beforehand was appropriate for ensuring compliance with that judgment, the commission could not, by adopting a decision, resolve such a difference itself and draw from this the necessary inferences for the calculation of the penalty payment.’

WLR Daily, 15th January 2014

Source: www.iclr.co.uk

Competition round-up: January 2014 – Competition Bulletin from Blackstone Chambers

Posted January 15th, 2014 in appeals, competition, conspiracy, EC law, injunctions, jurisdiction, news by sally

‘It is again time for a round-up of recent competition law developments which have caught our attention.’

Full story

Competition Bulletin from Blackstone Chambers, 14th January 2014

Source: www.competitionbulletin.com

Corman-Collins SA v La Maison du Whisky SA – WLR Daily

Posted January 9th, 2014 in conflict of laws, contracts, EC law, jurisdiction, law reports, regulations by sally

Corman-Collins SA v La Maison du Whisky SA (Case C-9/12); [2013] WLR (D) 513

‘The rule of jurisdiction laid down in the second indent of article 5(1)(b) of Council Regulation (EC) No 44/2001 for disputes relating to contracts for the supply of services was applicable in the case of a legal action by which a claimant established in one member state claimed, against a defendant established in another member state, rights arising from an exclusive distribution agreement, which required the contract binding the parties to contain specific terms concerning the distribution by the distributor of goods sold by the grantor. It was for the national court to ascertain whether that was the case in the before it.’

WLR Daily, 19th December 2013

Source: www.iclr.co.uk

European court ‘steamrolling’ Britain, warns leading judge – Daily Telegraph

Posted December 18th, 2013 in EC law, human rights, judges, jurisdiction, news, Supreme Court by sally

‘Lord Mance warns the EU must not “steamroll” national courts to impose human rights rules on countries including the UK’

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Daily Telegraph, 17th December 2013

Source: www.telegraph.co.uk

Rivella International AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ( Baskaya di Baskaya Alim e C Sas intervening) – WLR Daily

Posted December 17th, 2013 in appeals, EC law, intellectual property, law reports, regulations, trade marks, treaties by sally

Rivella International AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ( Baskaya di Baskaya Alim e C Sas intervening) Case (C-445/12P); [2013] WLR (D) 493

‘Trade marks registered under international arrangements which had effect in a member state, as referred to in article 8(2)(a)(iii) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L78, p 1), were subject to the same system as trade marks registered in a member state, as referred to in article 8(2)(a)(ii) of the Regulation. As such, where pleaded in opposition proceedings before OHIM, they were subject to the requirement in article 42(3) of the Regulation to prove the requisite prior use, the concept of use of a Community trade mark in the European Union being exclusively and exhaustively governed by EU law.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Actavis Group PTC EHF and another v Sanofi (Sanofi Pharma Bristol-Myers Squibb SNC intervening) – WLR Daily

Posted December 16th, 2013 in EC law, law reports, medicines, patents by sally

Actavis Group PTC EHF and another v Sanofi (Sanofi Pharma Bristol-Myers Squibb SNC intervening) (Case C-443/12); [2013] WLR (D) 491

‘Where, on the basis of a patent protecting an innovative active ingredient and a marketing authorisation for a medicinal product containing that ingredient as the single active ingredient, the holder of that patent had already obtained a supplementary protection certificate (“SPC”) for that active ingredient entitling him to oppose the use of that active ingredient, either alone or in combination with other active ingredients, article 3(c) of Parliament and Council Regulation (EC) No 469/2009 precluded that patent holder from obtaining—on the basis of that same patent but a subsequent marketing authorisation (“MA”) for a different medicinal product containing that active ingredient in conjunction with another active ingredient which was not protected as such by the patent— a second supplementary protection certificate relating to that combination of active ingredients.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Carratù v Poste Italiane SpA – WLR Daily

Posted December 16th, 2013 in compensation, EC law, employment, fixed-term contracts, law reports by sally

Carratù v Poste Italiane SpA (Case C-361/12); [2013] WLR (D) 490

‘Clause 4(1) of the Framework agreement on fixed term work, annexed to Council Directive 1999/70/EC, could be relied on directly against a state body. The concept of “employment conditions” in clause 4(1) covered the compensation that the employer had pay to an employee on account of the unlawful insertion of a fixed-term clause into his employment contract but did not require the compensation paid in respect of the unlawful insertion of a fixed-term clause into an employment relationship to be treated in the same way as that paid in respect of the unlawful termination of a permanent employment relationship.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Eli Lilly and Co Ltd v Human Genome Sciences Inc – WLR Daily

Posted December 16th, 2013 in EC law, law reports, medicines, patents by sally

Eli Lilly and Co Ltd v Human Genome Sciences Inc (Case C-493/12); [2013] WLR (D) 489

‘Pursuant to article 3(a) of Parliament and Council Regulation (EC) No 469/2009, in order for an active ingredient to be regarded as “protected by a basic patent in force” within the meaning of that provision, it was not necessary for the active ingredient to be identified in the claims of the patent by a structural formula. Where the active ingredient was covered by a functional formula in the claims of a patent issued by the European Patents Office (“the EPO”), article 3(a) of that Regulation did not, in principle, preclude the grant of a supplementary protection certificate for that active ingredient, on condition that it was possible to reach the conclusion that the claims related, implicitly but necessarily and specifically, to the active ingredient in question.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Georgetown University v Octrooicentrum Nederland – WLR Daily

Posted December 16th, 2013 in EC law, law reports, medicines, patents by sally

Georgetown University v Octrooicentrum Nederland (Case C-484/12); [2013] WLR (D) 487

‘Where, on the basis of a basic patent and a marketing authorisation for a medicinal product consisting of a combination of several active ingredients, the patent holder had already obtained a supplementary protection certificate for that combination of active ingredients, protected by that patent within the meaning of article 3(a) of Parliament and Council Regulation (EC) No 469/2009, article 3(c) of that regulation did not preclude the proprietor from also obtaining a supplementary protection certificate for one of those active ingredients which, individually, was also protected as such by that patent.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Proceedings brought by X – WLR Daily

Posted December 16th, 2013 in data protection, EC law, fees, fines, freedom of information, law reports by sally

Proceedings brought by X (Case C-486/12); [2013] WLR (D) 485

‘Article 12(a) of Parliament and Council Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data did not preclude the levying of fees in respect of the communication of personal data by a public authority. Pursuant to article 12(a), in order to ensure that fees levied when the right to access personal data was exercised were not excessive for the purposes of that provision, the level of those fees could not exceed the cost of communicating such data.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Regina (TN (Afghanistan)) v Secretary of State for the Home Department; MA (Afghanistan) v Same – WLR Daily

Posted December 16th, 2013 in appeals, asylum, children, EC law, immigration, judicial review, law reports by sally

Regina (TN (Afghanistan)) v Secretary of State for the Home Department; MA (Afghanistan) v Same [2013] EWCA Civ 1609; [2013] WLR (D) 483

‘Claimants who had unsuccessfully sought asylum and were granted at the age of 16½ discretionary leave to remain until they reached the age of 17½ had an effective remedy in judicial review to challenge the initial rejection of their asylum claims.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

The need for Gypsies and Travellers to respond to the Government’s balance of competences review on fundamental rights – Garden Court Chambers Blog

Posted December 16th, 2013 in complaints, EC law, evidence, human rights, news, travellers by sally

‘Marc Willers explains why it is so important that Gypsies and Travellers respond to the Government’s balance of competences review on fundamental rights by submitting evidence before 13 January 2014.

Full story

Garden Court Chambers Blog, 13th December 2013

Source: www.gclaw.wordpress.com