In the matter of “The Alexandros T”; In the matter of “The Alexandros T” (No 2); In the matter of “The Alexandros T” (No 3) – Supreme Court
Supreme Court, 6th November 2013
Category: EC law
GMC welcomes Europe language rules – BBC News
“Doctors and other professionals moving from Europe to work in the UK will have their fluency in English checked under new rules governing language skills and other safety issues.”
BBC News, 15th November 2013
Source: www.bbc.co.uk
Federal Republic of Germany v Puid – WLR Daily
Federal Republic of Germany v Puid: Case C-4/11; [2013] WLR (D) 435
“Where member states could not be unaware that systemic deficiencies in the asylum procedure and in the conditions for the reception of asylum seekers existed in the member state initially identified as responsible for examining an asylum application, the member state which was determining the member state responsible was required not to transfer the asylum seeker to the initial member state and, subject to the exercise of the right itself to examine the application, to establish whether another member state could be identified as responsible in accordance with one of the criteria set out in Chapter III of Council Regulation (EC) No 343/2003.”
WLR Daily, 14th November 2013
Source: www.iclr.co.uk
Watch that Charter – UK Human Rights Blog
“AB, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3453 (Admin). Here unfolds a story of sophisticated abuse of the asylum system in this country by an individual skilfully shamming persecution. Nor did the security agents who escorted the claimant on his departure come up smelling of roses: it emerged during the course of these proceedings that they had falsified a room clearance certificate to boost the defence case.”
UK Human Rights Blog, 8th November 2013
Source: www.ukhumanrightsblog.com
Minister voor Immigratie en Asiel v X, Y (Hoog Commissariaat van de Verenigde Naties voor de Vluchtelingen intervening); Z v Minister voor Immigratie en Asiel (Joined Cases C-199/12 to C-201/12) – WLR Daily
“The existence of criminal laws which specifically targeted homosexuals, supported the finding that those persons had to be regarded as forming a ‘particular social group’ within the meaning of Council Directive 2004/83/EC. A term of imprisonment which sanctioned homosexual acts and which was actually applied in the country of origin which adopted such legislation had to be regarded as being a punishment which was disproportionate or discriminatory and thus constituted an act of persecution. When assessing an application for refugee status, the competent authorities could not reasonably expect, in order to avoid the risk of persecution, the applicant for asylum to conceal his homosexuality in his country of origin or to exercise reserve in the expression of his sexual orientation.”
WLR Daily, 7th November 2013
Source: www.iclr.co.uk
UPC Nederland BV v Gemeente Hilversum (Case C-518/11) – WLR Daily
UPC Nederland BV v Gemeente Hilversum (Case C-518/11); [2013] WLR (D) 428
“Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L 108, p. 33, ‘the Framework Directive’), Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector (OJ 1998 L 24, p. 1), Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (OJ 2002 L 108, p. 7), Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ 2002 L 108, p. 21), and Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (OJ 2002 L 108, p. 51)”
WLR Daily, 7th November 2013
Source: www.iclr.co.uk
Sneller v DAS Nederlandse Rechtsbijstand Verzekeringsmaatschappij NV – WLR Daily
“Article 4(1) of Council Directive 87/344 on legal expenses insurance precluded a legal expenses insurer, which stipulated in its insurance contracts that legal assistance would in principle be provided in-house, from also providing that the costs of legal assistance provided by a legal representative chosen by the insured would be covered only if the insurer took the view that the handling of the case had to be subcontracted to an external lawyer.”
WLR Daily, 7th November 2013
Source: www.iclr.co.uk
Ministers’ plans will hand more power to Europe, says report – Daily Telegraph
“Europe’s power over British affairs could actually be increased by the Government’s decision to opt back in to a number of criminal justice measures, MPs have warned. The House of Commons’ all-party European Scrutiny committee warned the influence of Parliament and the British courts could suffer if ministers proceed with current plans.”
Daily Telegraph, 7th November 2013
Source: www.telegraph.co.uk
Jama v Senior Public Prosecutor, Gera, Germany – WLR Daily
Jama v Senior Public Prosecutor, Gera, Germany [2013] EWHC 3276 (Admin); [2013] WLR (D) 415
“Trafficking khat, which was an offence under German law, was capable of amounting to a framework list offence of ‘illicit trafficking in narcotic drugs and psychotropic substances’ pursuant to section 64(2) of the Extradition Act 2003 and article 2(2) of Council Framework Decision 2002/583/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states (‘the Framework Decision’), even though khat was not a narcotic drug or psychotropic substance prohibited by the United Nations Convention against Illicit Traffic of Narcotic Drugs and Psychotropic Substances 1988 (‘the 1988 Convention’).”
WLR Daily, 31st October 2013
Source: www.iclr.co.uk
Regina (Habte) v Secretary of State for the Home Department; Regina (RH (Eritrea) and another) v Same – WLR Daily
“The procedural requirements to be followed when making a request to another member state pursuant to Council Regulation (EC) No 343/2003 to accept responsibility for processing an asylum claim of a third country national were those set out in the relevant European Union regulations themselves. There was no obligation to undertake additional procedural steps either as a matter of domestic public law, or on the basis that further procedural obligations ought to be implied into the provisions of the relevant EU regulations.”
WLR Daily, 30th October 2013
Source: www.iclr.co.uk
Prudential Assurance Co Ltd v Revenue and Customs Comrs – WLR Daily
Prudential Assurance Co Ltd v Revenue and Customs Comrs [2013] EWHC 3249 (Ch); [2013] WLR (D) 411
“It was within the scope of conforming interpretation to construe section 790 of the Income and Corporation Taxes Act 1988 as providing for the grant of a tax credit for foreign dividends to the extent necessary to secure compliance with European Union (‘EU’) law.”
WLR Daily, 24th October 2013
Source: www.iclr.co.uk
HF(Iraq) and others v Secretary of State for the Home Department; MK(Iraq) v Same – WLR Daily
“There was no presumption that the eligibility guidelines issued by the UNHCR in relation to Iraq should be followed unless there were cogent reasons for not doing so.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
Wind farms, birds, and that pesky thing called the rule of law – UK Human Rights Blog
“The current storms brought down a turbine in Teignmouth: see here for good pics of this and other mayhem. And the rule of law recently brought down a massive wind farm proposed for Shetland. The Scottish Ministers had waved aside a request for a public inquiry, and ended up drafting reasons which ignored the obligations in the Wild Birds Directive in respect of this bird – the whimbrel. Lady Clark quashed the consent on this ground, and also decided that the wind farmer could not apply for the consent anyway because it had not got the requisite licence which she concluded was a pre-condition for such an application. ”
UK Human Rights Blog, 28th October 2013
Source: www.ukhumanrightsblog.com
Self-parking cars hit legal obstacles – Daily Telegraph
“The dream of owning a car which parks itself will have to wait until the law is changed in Britain and Europe.”
Daily Telegraph, 25th October 2013
Source: www.telegraph.co.uk
Secretary of State for Health and others v Servier Laboratories Ltd and others National Grid Electricity Transmission plc v ABB Ltd and others – WLR Daily
“It was not mandatory for the court to make use of Council Regulation (EC) No 1206/2001 in order to obtain information or disclosure from a party to litigation from another member state, notwithstanding that compliance with an order made by the court under CPR Pt 18 or Pt 31 might expose the party to a risk of criminal prosecution in that member state.”
WLR Daily, 22nd October 2013
Source: www.iclr.co.uk
Commission of the European Union v Federal Republic of Germany – WLR Daily
Commission of the European Union v Federal Republic of Germany: (Case C-95/12); [2013] WLR (D) 399
“The procedure laid down in article 260(2)FEU of the FEU Treaty had to be regarded as a special judicial procedure for the enforcement of the judgments of the court, ie a method of enforcement.”
WLR Daily, 22nd October 2013
Source: www.iclr.co.uk
Penalties, PECR and PPI – Panopticon
“Niebel v Information Commissioner is the first Tribunal decision about penalties under the Privacy and Electronic Communications (EC Directive) Regulations 2003 (‘PECR’). Mr.Niebel successfully appealed against a penalty of £300,000.”
Panopticon, 22nd October 2013
Source: www.panopticonblog.com
Meaning of personal data should not be derived solely from Durant case, says High Court judge – OUT-LAW.com
“UK organisations looking to understand whether information they hold constitutes ‘personal data’ must not look solely at how the term was interpreted by the Court of Appeal in 2003, a High Court judge has ruled.”
OUT-LAW.com, 22nd October 2013
Source: www.out-law.com
Schwarz v Stadt Bochum – WLR Daily
Schwarz v Stadt Bochum: (Case C‑291/12); [2013] WLR (D) 386
“Article 1(2) of Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by member states, as amended, which obliged national authorities to take fingerprints of persons applying for passports, was validly adopted and was proportionate to the aim of protecting against the fraudulent use of passports.”
WLR Daily, 17th October 2013
Source: www.iclr.co.uk
Emrek v Sabranovic – WLR Daily
Emrek v Sabranovic: (Case C-218/12); [2013] WLR (D) 390
“Article 15(1)(c) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters did not require the existence of a causal link between the means employed to direct the commercial or professional activity to the member state of the consumer’s domicile. However, the existence of such a causal link constituted evidence of the connection between the contract and such activity.”
WLR Daily, 17th October 2013
Source: www.iclr.co.uk
