EC law – Page 82 – Current Awareness

Rahman and Others v Secretary of State for the Home Department – WLR Daily

Posted September 7th, 2012 in EC law, families, freedom of movement, immigration, law reports by sally

Rahman and Others v Secretary of State for the Home Department: Case C-83/11; [2012] WLR (D) 259

“Member states of the EU were not required to grant every application for entry or residence submitted by family members of a Union citizen who did not fall under the definition in article 2(2) of Parliament and Council Directive 2004/38/EC of 29 April 2004 , even if they showed, in accordance with article 10(2), that they were dependants of that citizen. It was, however, incumbent upon the member states to ensure that their legislation contained criteria which enabled those persons to obtain a decision on their application for entry and residence that was founded on an extensive examination of their personal circumstances and, in the event of refusal, was justified by reasons.”

WLR Daily, 5th September 2012

Source: www.iclr.co.uk

UK search engine details ‘remedies’ it would like Google to adopt to address anti-competitive search practices – OUT-LAW.com

Posted September 5th, 2012 in competition, complaints, EC law, internet, news by sally

“Google’s spam website rules unfairly impinge on the company’s rivals in the vertical search market, a UK search engine has claimed.”

Full story

OUT-LAW.com, 5th September 2012

Source: www.out-law.com

Dülger v Wetteraukreis – WLR Daily

Posted August 24th, 2012 in divorce, EC law, freedom of movement, law reports, married persons by sally

Dülger v Wetteraukreis (Case C-451/11); [2012] WLR (D) 249

“The first paragraph of article 7 of Decision No 1/80 of the EEC-Turkey Association Council meant that a member of the family of a Turkish worker, who was a national of a third country other than Turkey, could invoke, in the host member state, the rights arising from that provision, where all the other conditions laid down by the provision had been fulfilled.”

WLR Daily, 19th August 2012

Source: www.iclr.co.uk

Recent Developments in Information Law – 11 KBW

Posted August 21st, 2012 in data protection, EC law, freedom of information, news by sally

“This paper looks at various recent developments in information law, as follows:
• Post-legislative scrutiny of the Freedom of Information Act;
• Handling problem FOI requesters;
• The Protection of Freedoms Act;
• EU proposals for data protection reform; and
• Other recent developments in data protection.”

Full story

11 KBW, 17th August 2012

Source: www.11kbw.com

Privacy watchdog “not ready” to deal with cookie complaints, according to FOI request – OUT-LAW.com

Posted August 20th, 2012 in complaints, consent, EC law, enforcement, fines, freedom of information, internet, news, ombudsmen, privacy by sally

“The Information Commissioner’s Office (ICO) has yet to begin investigating websites accused of breaking the new cookie laws, which came into force last year, because it does not yet have an investigative team in place.”

Full story

OUT-LAW.com, 20th August 2012

Source: www.out-law.com

Regina (Nicklinson) v Ministry of Justice (Attorney General and another intervening); Regina (AM) v Director of Public Prosecutions and others (Same intervening) – WLR Daily

Posted August 20th, 2012 in assisted suicide, EC law, euthanasia, human rights, law reports, murder, necessity by sally

Regina (Nicklinson) v Ministry of Justice (Attorney General and another intervening); Regina (AM) v Director of Public Prosecutions and others (Same intervening) [2012] EWHC 2381 (Admin); [2012] WLR (D) 248

“The court should not depart from the long established position that voluntary euthanasia was murder unless article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms required that it be recognised as a possible defence to a murder charge under the doctrine of necessity, which was not the case.”

WLR Daily, 16th August 2012

Source: www.iclr.co.uk

A tinge of green in our Bill of Rights? – UK Human Rights Blog

Posted August 20th, 2012 in EC law, environmental health, environmental protection, human rights, news by sally

“Amidst the root and branch opposition to socio-economic rights from some quarters, the idea that the Bill of Rights might contain an environmental right seems to have got lost in the smoke of this rather unedifying battle. The July 2012 Consultation on a Bill of Rights summarises the rival contentions well.”

Full story

UK Human Rights Blog, 17th August 2012

Source: www.ukhumanrightsblog.com

Government considers extension of winding up powers beyond banks – OUT-LAW.com

Posted August 6th, 2012 in banking, consultations, EC law, government departments, insurance, news, winding up by sally

“The Government is seeking views on whether to extend its existing powers to stabilise or wind up ‘systemically important’ large banks to other vital financial services functions such as investments and insurance.”

Full story

OUT-LAW.com, 6th August 2012

Source: www.out-law.com

Deutsche Bahn AG and others v Morgan Crucible and others – WLR Daily

Posted August 3rd, 2012 in appeals, competition, EC law, law reports, limitations, statutory interpretation by sally

Deutsche Bahn AG and others v Morgan Crucible and others: [2012] EWCA Civ 1055; [2012] WLR (D) 244

“Where an addressee of a decision of the European Commission that there had been an infringement of competition law appealed to the General Court of the European Union against that decision, the two-year limitation period for the bringing of ‘follow-on’ proceedings in the Competition Appeal Tribunal would not begin to run against any other addressees of the decision until the appeal had been determined.”

WLR Daily, 31st July 2012

Source: www.iclr.co.uk

Agreements on room discounts may have been anti-competitive, says OFT – OUT-LAW.com

Posted August 1st, 2012 in competition, EC law, hotels, news by sally

“The biggest hotel chain in the world and two online travel agents may have breached UK competition law by entering into agreements that limited the ability of those agents to discount the price of room-only offers, a UK regulator has said.”

Full story

OUT-LAW.com, 31st July 2012

Source: www.out-law.com

Network access charges imposed by BT on rivals were unjustified, Court of Appeal rules – OUT-LAW.com

Posted July 31st, 2012 in appeals, EC law, news, telecommunications, tribunals by sally

“The prices that BT charged rivals to access parts of its network to provide services to their subscribers were not justified, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 30th July 2012

Source: www.out-law.com

Twitter users “free to speak not what they ought to say, but what they feel” – UK Human Rights Blog

Posted July 30th, 2012 in airports, appeals, EC law, freedom of expression, human rights, internet, news, threatening to destroy or damage property by sally

“The famous ‘Twitter joke’ conviction of Paul Chambers has been overturned on appeal, bringing welcome clarity to what is and what is not an offence of this type. On discovering a week before he was due to take a flight that the airport was closed due to adverse weather conditions, he tweeted that ‘I am blowing the airport sky high!!’ unless the situation was resolved by the time of his flight. He was convicted of sending a message of a ‘menacing character’, but has had the conviction quashed on appeal, on the basis that, as it was a joke, it was not of a menacing character.”

Full story

UK Human Rights Blog, 27th July 2012

Source: www.ukhumanrightsblog.com

Killers and rapists could be released earlier as High Court waters down parole terms – Daily Telegraph

Posted July 30th, 2012 in EC law, human rights, news, parole, sentencing by sally

“Killers and rapists serving long jail terms could be released earlier following a High Court ruling that their strict parole terms may breach their human rights.”

Full story

Daily Telegraph, 27th July 2012

Source: www.telegraph.co.uk

Security services to get more access to monitor emails and social media – The Guardian

Posted July 30th, 2012 in bills, data protection, EC law, electronic mail, intelligence services, interception, news, privacy, telecommunications by sally

“Britain has quietly agreed to measures that could increase the ability of the security services to intercept online communications, experts say.”

Full story

The Guardian, 28th July 2012

Source: www.guardian.co.uk

Government may be in breach of EU copyright laws over volunteer-run libraries’ royalty payment commitments, authors’ body claims – OUT-LAW.com

Posted July 25th, 2012 in copyright, EC law, intellectual property, libraries, news, publishing, volunteers by sally

“The Government may have failed to abide by EU copyright laws if volunteer-run libraries are not required to pay authors royalties when they loan out books, the Society of Authors (SoA) has claimed.”

Full story

OUT-LAW.com, 24th July 2012

Source: www.out-law.com

Pie Optiek SPRL v Bureau Gevers SA and others – WLR Daily

Posted July 23rd, 2012 in domain names, EC law, law reports, trade marks by sally

Pie Optiek SPRL v Bureau Gevers SA and others: Case C-376/11; [2012] WLR (D) 219

“The third sub-paragraph of article 12(2) of Commission Regulation (EC) No 874/2004 of 28 April 2004 laying down public policy rules concerning the implementation and functions of the .eu Top Level Domain and the principles governing registration meant that, in a situation where the prior right concerned was a trade mark right, the words ‘licensees of prior rights’ did not refer to a person who had been authorised by the proprietor of the trade mark concerned solely to register, in his own name but on behalf of that proprietor, a domain name identical or similar to that trade mark, but without that person being authorised to use the trade mark commercially in a manner consistent with its functions.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk

Mahamdia v People’s Democratic Republic of Algeria – WLR Daily

Posted July 23rd, 2012 in complaints, contract of employment, EC law, jurisdiction, law reports, unfair dismissal by sally

Mahamdia v People’s Democratic Republic of Algeria: (Case C-154/11); [2012] WLR (D) 218

“An embassy situated in a member state of the European Union was an ‘establishment’ within the meaning of article 18(2) of Council Regulation (EC) No 44/2001, in the context of a dispute concerning a contract of employment concluded by the embassy on behalf of the sending state, where the functions carried out by the employee did not fall within the exercise of public powers. Article 21(2) of the Regulation meant that an agreement on jurisdiction, concluded before a dispute arose, fell within that provision in so far as it gave the employee the possibility of bringing proceedings not only before the courts ordinarily having jurisdiction under the special rules in articles 18 and 19 of the Regulation, but also before other courts, which could include courts outside the European Union.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk

ebookers.com Deutschland GmbH v Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV – WLR Daily

Posted July 23rd, 2012 in airlines, consumer protection, EC law, insurance, law reports by sally

ebookers.com Deutschland GmbH v Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV: (Case C-112/11); [2012] WLR (D) 217

“The concept of ‘optional price supplements’, referred to in the last sentence of article 23(1) of Parliament and Council Regulation (EC) No 1008/2008 of 24 September 2008 on common rules for the operation of air services in the Community, covered costs connected with the air travel, arising from services, such as flight cancellation insurance, supplied by a party other than the air carrier and charged to the customer by the person selling that travel, together with the air fare, as part of a total price.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk

Type of interest due on overpaid tax is at discretion of national governments, ECJ says – OUT-LAW.com

Posted July 20th, 2012 in EC law, interest, news, repayment, VAT by sally

“It is for European member states to determine how interest should be calculated on repayments of overpaid tax, the European Court of Justice (ECJ) has ruled.”

Full story

OUT-LAW.com, 19th July 2012

Source: www.out-law.com

Environmental and Planning Newsletter – Thirty Nine Essex Street

Posted July 17th, 2012 in costs, EC law, environmental protection, news by sally

Environmental and Planning Newsletter (PDF)

Thirty Nine Essex Street, July 2012

Source: www.39essex.com