Category: EC law

InsuranceWide.com Services Ltd v Revenue and Customs Comrs; Revenue and Customs Comrs v Trader Media Group Ltd [2009] EWHC 999 (Ch); [2009] WLR (D) 156

Please note: once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

InsuranceWide.com Services Ltd v Revenue and Customs Comrs; Revenue and Customs Comrs v Trader Media Group Ltd – WLR Daily

Posted May 19th, 2009 in EC law, insurance, law reports, VAT by sally

“Companies which offered introductory services, in order to channel would-be customers to insurers by electronic means, and which received a commission in the event of a contract of insurance being concluded were insurance brokers or insurance agents falling within the exemption from VAT provided for by Group 2 in Sch 9 to the Value Added Tax Act 1994, which implemented art 13B(a) of Council Directive 77/388/EEC on the harmonization of the laws of the Member States relating to turnover taxes.”

WLR Daily, 18th May 2009

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Commissioners reveal plans to harmonise EU copyright laws – OUT-LAW.com

Posted May 11th, 2009 in copyright, EC law, news by sally

“Two European commissioners have outlined plans to more closely harmonise copyright law across the European Union’s 27 member states and create EU-wide copyright licences. The commissioners want to end ‘fragmentation’ of copyright laws.”

HR (Portugal) v Secretary of State for the Home Department [2009] EWCA Civ 371; [2009] WLR(D) 144

OUT-LAW.com, 7th May 2009

Source: www.out-law.com

HR (Portugal) v Secretary of State for the Home Department – WLR daily

Posted May 8th, 2009 in deportation, EC law, imprisonment, law reports by sally

“The time during which an European Economic Area national was serving a sentence of imprisonment in the United Kingdom was not to be included when calculating whether he had resided for a continuous period of at least ten years prior to a decision to deport him.”

WLR Daily, 6th May 2009

Apostolides v Orams and Another

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Apostolides v Orams and Another – Times Law Reports

Posted May 1st, 2009 in EC law, enforcement, judgments, jurisdiction, law reports by sally

Court of Justice of the European Communities

“The fact that a judgment given in a member state of the European Community concerned land in a part of that state over which the state did not exercise effective control did not mean that the judgment was not subject to recognition and enforcement in other member states.”

The Times, 1st May 2009

EU extends music recording rights to 70 years – The Guardian

Posted April 24th, 2009 in copyright, EC law, news by sally

“Ageing artists such as Cliff Richard and Paul McCartney will see copyright protection on their recordings in the EU extended from 50 to 70 years after a vote by MEPs yesterday. The EU internal market commissioner, Charlie McCreevy, had proposed up to 95 years, but many EU states, which have a joint say with parliament, balked at such a long period.”

The Guardian, 24th April 2009

Source: www.guardian.co.uk

New e-waste rules may be too much for UK business, warns Government – OUT-LAW.com

Posted April 15th, 2009 in EC law, news, waste by sally

“The Government has said that new electronic waste disposal demands from Brussels may be too difficult for businesses to meet. It has asked for industry’s view ahead of summer negotiations on electronic waste.”

OUT-LAW.com, 15th April 2009

Source: www.out-law.com

UK’s privacy laws illegally inadequate, says Europe – OUT-LAW.com

Posted April 15th, 2009 in EC law, news, privacy by sally

“UK laws protecting the privacy of people’s communications are inadequate, the European Commission has said. The Commission has launched a legal case against the UK over its implementation of European Union Directives.”

OUT-LAW.com, 14th April 2009

Source: www.out-law.com

Tighter rules for European criminals – Daily Telegraph

Posted April 9th, 2009 in deportation, EC law, news by sally

“Foreign criminals who commit crimes and receive prison sentences of 12 months or more are to be removed from the country, under new Home Office rules.”

Proceedings brought by A (Case C-523/07); [2009] WLR (D) 129

Daily Telegraph, 8th April 2009

Source: www.telegraph.co.uk

Proceedings brought by A (Case C-523/07) – WLR Daily

Posted April 7th, 2009 in children, EC law, jurisdiction, law reports, parental responsibility by sally

“For the purposes of the rule that the courts of the EC member state where a child was habitually resident had jurisdiction in matters of parental responsibility, ‘habitual residence’ denoted some degree of integration by the child in a social and family environment.”

WLR Daily, 6th April 2009

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

MEPs urge governments to produce surveillance register – OUT-LAW.com

Posted April 2nd, 2009 in EC law, investigatory powers, news by sally

“Governments should create a list of all organisations that track internet use and produce an annual report on internet surveillance, the European Parliament has said.”

Gottfried Heinrich Case C-345/06

OUT-LAW.com, 2nd April 2009

Source: www.out-law.com

Gottfried Heinrich Case C-345/06 – Times Law Reports

Posted April 1st, 2009 in aircraft, EC law, law reports, regulations by sally

Court of Justice of the European Communities

“An annex to a regulation which laid down measures for the implementation of common basic standards on aviation security had no binding force because it had not been published in the Official Journal of the European Union.”

The Times, 1st April 2009

Youell and Others v La Reunion Aerienne

Youell and Others v La Reunion Aerienne – Times Law Reports

Posted March 27th, 2009 in arbitration, EC law, jurisdiction, law reports, stay of proceedings by sally

Court of Appeal

“The mere fact that a claim was the subject of an arbitration agreement did not deprive a court, which could otherwise determine the substance of the claim, of its jurisdiction under Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the Brussels I Convention.”

The Times, 27th March 2009

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Online video regulation structure outlined by Government – OUT-LAW.com

Posted March 17th, 2009 in EC law, internet, media, news by sally

“Media regulator Ofcom will take over the regulation of video on demand services, but will delegate it to an industry-formulated co-regulator, the Government has said.”

Youell v La Reunion Aerienne [2009] EWCA Civ 175; [2009] WLR (D) 95

OUT-LAW.com, 17th March 2009

Source: www.out-law.com

Youell v La Reunion Aerienne – WLR Daily

Posted March 13th, 2009 in arbitration, EC law, jurisdiction, law reports, stay of proceedings by sally

“Where a court could otherwise determine the substance of a claim, the mere fact that the claim was the subject of an arbitration agreement did not deprive the court of its jurisdiction under Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. What was critical was the nature of the claim.”

WLR Daily, 12th March 2009

Proceedings brought by Gottfried Heinrich (Case C – 345/06) [2009] WLR (D) 93

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Proceedings brought by Gottfried Heinrich – WLR Daily

Posted March 13th, 2009 in aircraft, EC law, law reports, regulations by sally

“The annex to Commission Regulation (EC) 622/2003 laying down measures for the implementation of the common basic standards on aviation security, as amended by Commission Regulation (EC) 68/2004, had no binding force in so far as it sought to impose obligations on individuals because it had not been published in the Official Journal of the European Union.”

WLR Daily, 12th March 2009

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

UK warns over EU maternity plan – BBC News

Posted March 13th, 2009 in EC law, maternity leave, news by sally

“The UK will not accept any EU proposal for women to have the right to be paid their full salary while on maternity leave, minister Pat McFadden has said.”

BBC News, 12th March 2009

Source: www.bbc.co.uk

Database infringements depend on taking, not usage, of data – OUT-LAW.com

Posted March 12th, 2009 in database right, EC law, news by sally

“The European Union’s Database Directive is infringed when data is taken out of someone else’s database regardless of what they intend using the information for, the European Court of Justice (ECJ) has said.”

R (Incorporated Trustees of the National Council on Ageing (Age Concern England)) v Secretary of State for Business, Enterprise and Regulatory Reform (Case C-388/07); [2009] WLR(D) 82

OUT-LAW.com, 11th March 2009

Source: www.out-law.com

R (Incorporated Trustees of the National Council on Ageing (Age Concern England)) v Secretary of State for Business, Enterprise and Regulatory Reform – WLR Daily

Posted March 9th, 2009 in age discrimination, EC law, law reports, retirement by sally

“National rules allowing compulsory dismissal at retirement age and non-recruitment of persons of retirement age were not contrary to Community law provided that they were justified by legitimate social policy objectives and were appropriate and necessary for achieving such objectives.”

WLR Daily, 6th March 2009

Regina (Incorporated Trustees of the National Council on Ageing (Age Concern England)) v Secretary of State for Business, Enterprise and Regulatory Reform

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Incorporated Trustees of the National Council on Ageing (Age Concern England)) v Secretary of State for Business, Enterprise and Regulatory Reform – Times Law Reports

Posted March 9th, 2009 in age discrimination, EC law, law reports, retirement by sally

Court of Justice of the European Communities

“European member states could lawfully provide in their employment legislation for certain kinds of differences in treatment on the ground of age if those differences were objectively and reasonably justified by a legitimate aim such as employment policy, but the member states had the burden of establishing, to a high standard of proof, the legitimacy of the aim relied on as a justification.”

The Times, 9th March 2009