Gender insurance ruling: case study – The Guardian
“Jade Sell is a young driver whose car insurance premium is set to rise as a result of today’s ECJ ruling on gender.”
The Guardian, 1st March 2011
Source: www.guardian.co.uk
Category: EC law
Male pensioners could lose out in EU sex discrimination ruling – Daily Telegraph
“Male pensioners could lose around £340 a year if the European court backs gender equality rules for insurance companies this week, experts are predicting.”
Daily Telegraph, 27th February 2011
Source: www.telegraph.co.uk
Julian Assange extradition decision: full judgment – The Guardian
“Read the judgment ordering the Wikileaks founder to be extradited to Sweden to face allegations of rape and sexual assault.”
The Guardian, 24th February 2011
Source: www.guardian.co.uk
Julian Assange should face extradition, judge rules – Daily Telegraph
“WikiLeaks founder Julian Assange should be extradited to Sweden to face sex offence charges, a judge ruled today.”
Daily Telegraph, 24th February 2011
Source: www.telegraph.co.uk
Ineos Healthcare Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Teva Pharmaceutical Industries Ltd, other party) – WLR Daily
“In opposition proceedings against registration of a trade mark pursuant to article 42 of Council Regulation (EC) No 40/94, the opposing party was not obliged to adduce evidence in support of the opposition. Whilst in relation to proceedings relating to relative grounds for refusal the Board of Appeal of the Office of Harmonisation in the Internal Market (Trade Marks and Designs) could take into account facts which were likely to be known by anyone or which might be learned from generally accessible sources, it was not, however, entitled to exceed the conditions governing examination set out in article 74 of Regulation 40/94.”
WLR Daily, 23rd February 2011
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Julian Assange is very likely to be extradited, says Matrix barrister – The Guardian
“It is ‘very likely’ that a senior district judge will order the extradition of Julian Assange to Sweden to face sexual assault charges, a barrister at Matrix Chambers predicted this week.”
The Guardian, 23rd February 2011
Source: www.guardian.co.uk
First details of Commission data protection action against UK are revealed – OUT-LAW.com
“Details of the European Commission’s objections to the Data Protection Act (DPA) have been revealed for the first time. A document has been published outlining why the Commission thinks the DPA fails to implement the EU’s Data Protection Directive.”
OUT-LAW.com, 22nd February 2011
Source: www.out-law.com
Werynski v Mediatel 4B spólka z o o – WLR Daily
Werynski v Mediatel 4B spólka z o o (Case C-283/09); [2011] WLR (D) 50
“In respect of acts which had been adopted in the field of Title IV of the EC Treaty, since December 1 2009 the Court of Justice of the European Union has had jurisdiction to hear and determine a reference for a preliminary ruling from a court against whose decision there was a judicial remedy under national law even where the reference was lodged prior to that date. In determining whether the question referred to the Court of Justice was necessary to enable the referring court to ‘give judgment’ pursuant to article 267FEU of the FEU Treaty, ‘give judgment’ referred to the entire process of creating the judgment, including all issues relating to the responsibility for the costs of proceedings. Where the examination of a witness by a court was at issue there was a direct connection between the question referred for a preliminary ruling and the performance by the referring court of a judicial function. A requested court was not entitled pursuant to Council Regulation (EC) No 1206/2001 on cooperation between the courts of the member states in the taking of evidence in civil or commercial matters (OJ 2001 L 174, p 1), to make the examination of a witness conditional on prior payment of an advance from the requesting court covering his witness expense and there was no obligation upon the requesting court to pay such an advance nor was the requesting court obliged to reimburse the expenses paid to the witness examined.”
WLR Daily, 21st February 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Haribo Lakritzen Hans Riegel Betriebs GmbH v Finanzamt Linz; Osterreichische Salinen AG v Same – WLR Daily
“Legislation of a member state which discriminated against portfolio dividends received by a resident company from a company resident in a non member state party to an EEA Agreement, was contrary to the principle of free movement of capital, where that discrimination was based upon a comprehensive agreement of mutual assistance. It was not contrary to article 63FEU of the FEU Treaty for member states to exempt from corporation tax portfolio dividends which one resident company received from another whilst subjecting portfolio dividends which a resident company received from a non member state company party to an EEA Agreement or from a company resident in another member state, provided that the tax was credited against tax payable in the members state of the recipient company and the administrative burdens were not excessive. National legislation which discriminated against dividends received from non member states on the basis of the shareholding held by the recipient company in the non member state company was not contrary to article 63FEU provided the mechanisms in place to off set the charges to tax led to equivalent results.”
WLR Daily, 18th February 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Vicoplus SC PUH v v Minister van Sociale Zaken en Werkgelegenheid; BAM Vermeer Contracting sp. zoo v Same; Olbek Industrial Services sp. zoo v Same – WLR Daily
“Articles 56FEU and 57FEU of the FEU Treaty did not preclude a member state from making the hiring out on its territory of workers who were Polish nationals subject to the obtaining of a work permit during the transitional period provided for in paragraph 2 of Chapter 2 of Annex XII to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ 2003 L236, p 33). The hiring out of workers, within the meaning of article 1(3)(c) of Parliament and Council Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ 1997 L18, p1), was a service provided for remuneration in respect of which the worker who had been hired out remained in the employ of the undertaking providing the service, no contract of employment having been entered into with the user undertaking.”
WLR Daily, 15th February 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Andersson v Staten genom Kronofogdemyndigheten i Jönköping, Tillsynsmynidigheten – WLR Daily
“A provision of national law which excluded an employee from entitlement under the guarantee of payment of employees’ outstanding claims in the event of their employer’s insolvency, on the ground that the employee within the six months preceding the application for a declaration of insolvency had been the owner of an essential part of the undertaking or business concerned and had had a considerable influence on it activities, was compatible with Parliament and Council Directive 2008/94/EC relating to the protection of employees in the event of the insolvency of their employer.”
WLR Daily, 14th February 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Kasprzak v Warsaw Regional Court, Poland; Bingham v Trial Court No 4 of Marbella, Spain; Wilson-Campbell v Court of Instruction No 4 of Orihuela, Alicante, Spain – WLR Daily
“Article 23 of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between member states, as implemented by s 36(3)(b) of the Extradition Act 2003, contemplated the possibility of agreement being sought and given for an extension of the period for extradition after the expiry of the original period, since it was only at the end of the original period that circumstances beyond the control of the member state or serious humanitarian reasons prevented extradition within that period and gave rise to the need for agreement on a new date for removal.”
WLR Daily, 3rd February 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Pub landlady’s EU case paves way for Premier League rights revolution – The Guardian
“The European Union’s highest court was today advised to rule that EU law does not prohibit pubs showing live Premier League matches from foreign broadcasters, potentially sparking a revolution in the way media sports rights are sold across the continent.”
The Guardian, 3rd February 2011
Source: www.guardian.co.uk
Bar Council Calls for Restraint on EU Contract Plans – The Bar Council
“The Bar Council, which represents barristers in England and Wales, has urged the European Commission to show restraint in considering new proposals on European contract law.”
The Bar Council, 1st February 2011
Source: www.barcouncil.org.uk
X v Mid Sussex Citizens Advice Bureau and another (Equality and Human Rights Commission and others intervening) – WLR Daily
“A disabled volunteer worker at an advice bureau was not protected from acts of discrimination on grounds of disability under the Disability Discrimination Act 1995, nor could she rely on the direct effect of Council Directive 2000/78/EEC (‘the Framework Directive’) to sustain an action for discrimination. Although voluntary posts like that held by the claimant might assist the holder to gain a permanent paid post, that was not the purpose of having volunteer workers, most of whom had no wish to join the permanent staff. The volunteer post was not to be treated as a form of vocational training subject to article 3(1)(c) of the Framework Directive.”
WLR Daily, 26th January 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina (Morge) v Hampshire County Council – WLR Daily
Regina (Morge) v Hampshire County Council [2011] UKSC; [2011] WLR (D) 5
“A local planning authority, when considering an application for planning permission for a development which was alleged to affect the habitat of a protected species, was entitled to place reliance on the fact that Natural England, the body responsible for enforcing the Council Directive prohibiting the disturbance of protected species, had withdrawn its initial objection to the application. When Natural England had expressed its satisfaction that development would be compliant with the Directive, the planning authority was entitled to presume that that was so.”
WLR Daily, 19th January 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Herbal remedies face licence rule – BBC News
“Hundreds of traditional and imported remedies on the shelves of health food shops and herbalists are set to be banned under new licensing rules.”
BBC News, 15th January 2011
Source: www.bbc.co.uk
Carvalho v Secretary of State for the Home Department; Secretary of State for the Home Department v Omar – WLR Daily
“A short term of imprisonment on the part of an EEA worker during his first five years in the United Kingdom meant that the time needed to establish a right permanently to reside had to begin anew after his imprisonment had concluded.”
WLR Daily, 22nd December 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
UK will copy EU laws directly onto UK statute books to cut down red tape – OUT-LAW.com
“The Government will copy and paste EU Directives onto the UK statute books wherever it can in a bid to cut down on bureaucracy and to help UK businesses.”
OUT-LAW.com, 16th December 2010
Source: www.out-law.com
The Julian Assange case: a mockery of extradition? – The Guardian
“The European arrest warrant is being used to have thousands of people flown out to face charges that wouldn’t stick in the UK.”
The Guardian, 14th December 2010
Source: www.guardian.co.uk
