Barco De Vapor BV and others v Thanet District Council – WLR Daily

Barco De Vapor BV and others v Thanet District Council [2014] EWHC 490 (Ch); [2015] WLR (D) 127

‘Council Regulation (EC) No 1/2005 harmonised the law on the protection, welfare and health of animals during transport. Accordingly, the imposition of an animal welfare measure not in accordance with the Regulation which had the effect of restricting the free movement of goods was an unjustified breach of article 35FEU of the FEU Treaty.’

WLR Daily, 27th February 2015

Source: www.iclr.co.uk

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Branded drugs and over-stickering: when is 8.62% a substantial part? – Technology Law Update

‘A brand-owner generally wants to use the same brand across several countries, but there are industries where national branding is common. Pharmaceuticals is one. In a free trade bloc like the EU this leads to a tension between the free movement of goods and protection of IP rights. The interplay of the EU rules in this area has come under the spotlight in SEP v Doncaster.’

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Technology Law Update, 6th March 2015

Source: www.technology-law-blog.co.uk

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Zenati v Commissioner of Police of the Metropolis and another – WLR Daily

Posted February 19th, 2015 in appeals, false imprisonment, freedom of movement, human rights, law reports, police by sally

Zenati v Commissioner of Police of the Metropolis and another [2015] EWCA Civ 80; [2015] WLR (D) 74

‘The detention of a person, which was initiated and continued for the purpose of bringing that person, reasonably suspected of having committed an offence, before a court from time to time as might be necessary, was lawful, under article 5.1(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms, since by article 5.3 a person so detained was required not only to be brought before a court, but also to be tried within a reasonable time. That meant that he might be detained until trial provided that the trial took place within a reasonable time, and he was detained in accordance with article 5.1(c) until the date of trial. The persistence of reasonable suspicion was a condition for the lawfulness of continuing detention. It had to be implicit in article 5.1(c) and 5.3 that the investigating/prosecuting authorities were required to bring the relevant facts to the court’s attention as soon as possible, so that it might review the situation and order the person’s release if it were satisfied that there were no longer any grounds for the continuing detention. The article provided a right to compensation in the event of its breach in article 5.5, so that there was no compelling need to establish that such breach resulted in liability for the tort of false imprisonment.’

WLR Daily, 11th February 2015

Source: www.iclr.co.uk

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McCarthy and EU family permits – Free Movement

Posted January 29th, 2015 in EC law, families, freedom of movement, immigration, news, visas by sally

‘Last last year the Court of Justice of the European Union handed down judgment in the case of McCarthy v United Kingdom C-202/13. In some ways it is a very straightforward case: the UK is not permitted to require residence card holding family members of EEA nationals to apply for yet further documentation in the form of an entry permit.’

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Free Movement, 29th January 2015

Source: www.freemovement.org.uk

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Rejection of visit visa to attend funeral: analysis – Free Movement

‘In the news today we can see that an Entry Clearance Officer has rejected an application for a visit visa for two grandparents who wish to travel to the UK to attend the funeral of their 5 year old grandchild, tragically killed in a car accident before Christmas. The family is devastated, obviously. The issue was raised at Prime Minister’s Questions by the local MP and a review was promised. The Immigration Minister, James Broken-shire, has very swiftly conducted the review and the refusal has been maintained. He says his decision has been taken “on the full facts of the case”.’

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Free Movement, 20th January 2015

Source: www.freemovement.org.uk

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Ministry of Justice steps in to prevent Ched Evans from playing abroad – The Guardian

Posted January 5th, 2015 in freedom of movement, news, rape, sexual offences, sport by sally

‘Attempts by Ched Evans to resurrect his football career were quashed last night after the British government stepped in to prevent the convicted rapist plying his trade overseas.’

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The Guardian, 3rd January 2015

Source: www.guardian.co.uk

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Terror law reform signals fundamental shift – BBC News

Posted December 15th, 2014 in bills, confiscation, freedom of movement, news, passports, police, terrorism by tracey

‘Monday sees the return of the government’s Counter Terrorism and Security Bill to the Commons where MPs will get their say on the legislation’s most controversial measure: should ministers be able to ban British citizens from coming home?’

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BBC News, 15th December 2014

Source: www.bbc.co.uk

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Free Movement of Doctors in the NHS – Littleton Chambers

Posted December 11th, 2014 in appeals, doctors, EC law, employment tribunals, freedom of movement, health, news by sally

‘In Kapenova v. Department of Health [2014] ICR 884, the first case of its kind in the health sector, the EAT has held that an entry criterion for the two year Foundation Programme for medicine graduates is a justified infringement of EU free movement rights. Kapenova demonstrates that: (i) a claim for unjustified infringement of free movement rights can be pursued as a claim for indirect nationality discrimination under the Equality Act 2010 before the Employment Tribunal, and; (ii) the approach to the justification defence under EU law and domestic law is the same.’

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Littleton Chambers, 11th December 2014

Source: www.littletonchambers.com

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Dano v Jobcenter Leipzig – WLR Daily

Posted November 18th, 2014 in benefits, EC law, freedom of movement, law reports, social security by sally

Dano v Jobcenter Leipzig (Case C-333/13) EU:C:2014:2358; [2014] WLR (D) 477

‘Article 24(1) of Parliament and Council Directive 2004/38/EC, in conjunction with article 7(1)(b), and article 4 of Regulation No 883/2004 (as amended by Regulation No 1244/2010) allowed legislation of a member state under which nationals of other member states were excluded from entitlement to certain “special non-contributory cash benefits” within the meaning of article 70(2) of Regulation No 883/2004, although those benefits were granted to nationals of the host member state who were in the same situation, in so far as those nationals of other member states did not have a right of residence under Directive 2004/38 in the host member state.’

WLR Daily, 11th November 2014

Source: www.iclr.co.uk

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Jihadis who travel to Syria could be barred from UK return for two years – The Guardian

‘Suspected jihadis, including teenagers, who travel to Syria will be prevented from returning to Britain for two years and only allowed to re-enter if they consent to face trial, home detention, regular police monitoring or go on a deradicalisation course. The plan, agreed after months of internal Whitehall talks, has been cleared by government law officers and devised to minimise legal claims that the British government will be rendering citizens stateless by barring them from the UK.’

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The Guardian, 14th November 2014

Source: www.guardian.co.uk

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Regina (Buer) v Secretary of State for the Home Department – WLR Daily

Posted August 4th, 2014 in EC law, freedom of movement, law reports, treaties by sally

Regina (Buer) v Secretary of State for the Home Department [2014] EWCA Civ 1109; [2014] WLR (D) 359

‘Article 13 of Decision No 1/80 adopted under the Agreement establishing an Association between the European Economic Community and Turkey did not apply to Turkish workers who were already sufficiently integrated into the work force of the host member state to enjoy rights under article 6(1) of the Decision.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

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Torresi v Consiglio dell’Ordine degli Avvocati di Macerata; Same v Same – WLR Daily

Posted July 23rd, 2014 in EC law, freedom of movement, law reports, legal profession by michael

Torresi v Consiglio dell’Ordine degli Avvocati di Macerata; Same v Same (Joined Cases C-58/13 and C-59/13 ECLI:EU:C:2014:2088;  [2014] WLR (D)  323

‘Article 3 of Parliament and Council Directive 98/5/EC to facilitate practice of the profession of lawyer on a permanent basis in a member state other than that in which the qualification was obtained (OJ 1998 L77, p 36) meant that no abuse could be identified in the fact that a national of a member state who, after successfully obtaining a university degree, had travelled to another member state in order to acquire the professional qualification of lawyer and then returned to the member state of which he was a national in order to practise the profession of lawyer under the professional title obtained in the member state where that professional qualification was acquired.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Tahir v Ministero dell’Interno and another – WLR Daily

Posted July 23rd, 2014 in EC law, families, freedom of movement, law reports by michael

Tahir v Ministero dell’Interno and another (Case C-469/13) ECLI:EU:C:2014:2094;  [2014] WLR (D)  322

‘Articles 4(1) and 7(1) of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L16, p 44) (as amended) meant that family members of a person who had already acquired long-term resident status could not be exempted from the condition laid down in article 4(1), under which, in order to obtain that status, a third-country national had to have resided legally and continuously in the member state concerned for five years immediately prior to the submission of the relevant application. Article 13 did not allow a member state to issue family members, as defined in article 2(e), with long-term residents’ EU residence permits on terms more favourable than those laid down by the Directive.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Ahmad v Secretary of State for the Home Department (AIRE Centre intervening) – WLR Daily

Ahmad v Secretary of State for the Home Department (AIRE Centre intervening); [2014] EWCA Civ 988; [2014] WLR (D) 318

‘The conditions in article 7(1) of Parliament and Council Directive 2004/38/EC, as implemented by the Immigration (European Economic Area) Regulations 2006, were to be strictly interpreted on the basis that the right to a permanent residence card was a privilege which was not conferred unless there was strict and literal compliance with the conditions therein. They were not to be interpreted under European Union law in a dynamic way such that it was enough if they were substantially or functionally fulfilled.’

WLR Daily, 16th July 2014

Source: www.iclr.co.uk

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Man jailed for breaching terror order – BBC News

‘A man has been sentenced to 15 months in prison after he breached the terms of the terror prevention measures placed upon him by the home secretary.’

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BBC News, 16th April 2014

Source: www.bbc.co.uk

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S v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v G – WLR Daily

Posted March 13th, 2014 in EC law, families, freedom of movement, law reports by tracey

S v Minister voor Immigratie, Integratie en Asiel;  Minister voor Immigratie, Integratie en Asiel v G: (Case C-457/12);   [2014] WLR (D)  121

‘A member state was entitled, pursuant to Parliament and Council Directive 2004/38/EC, to refuse to grant a right of residence to a third country national who was a family member of a Union citizen where that citizen was a national of and resided in that member state but regularly travelled to another member state in the course of his professional activities. However, article 45FEU of the FEU Treaty conferred on a third country national who was the family member of a Union citizen a derived right of residence in the member state of which that citizen was a national, where the citizen resided in that member state but regularly travelled to another member state as a worker within the meaning of that provision, if the refusal to grant such a right of residence discouraged the worker from effectively exercising his rights under article 45FEU, which was for the referring court to determine.’

WLR Daiily, 12th March 2014

Source: www.iclr.co.uk

 

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O v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v B – WLR Daily

Posted March 13th, 2014 in EC law, families, freedom of movement, law reports by tracey

O v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v B: (Case C-456/1;   [2014] WLR (D)  120

‘Article 21(1)FEU of the FEU Treaty meant that where a Union citizen had created or strengthened a family life with a third country national during genuine residence, pursuant to and in conformity with the conditions set out in articles 7(1) and (2) and article 16(1) and (2) of Parliament and Council Directive 2004/38/EC in a member state other than that of which he was a national, the provisions of the Directive applied by analogy where that Union citizen returned, with the family member in question, to his member state of origin.’

WLR Daily, 12th March 2014

Source: www.iclr.co.uk

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Ex-miner “deprived of his liberty” when prevented from dying at home – Local Government Lawyer

Posted March 4th, 2014 in freedom of movement, health, local government, news, ombudsmen, reports by sally

‘A 77-year-old former miner was deprived of his liberty – without proper account of the law being taken – when he was prevented from going home to die beside his brother, a joint report from two Ombudsmen has found.’

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Local Government Lawyer, 4th March 2014

Source: www.localgovernmentlawyer.co.uk

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EU uncertainty – the impact on EU migrants in the UK – Halsbury’s Law Exchange

Posted February 13th, 2014 in citizenship, EC law, freedom of movement, immigration, news by sally

‘Recently I have seen an increase in EU nationals enquiring about becoming British. I always ask the client why they feel the need (given the extensive rights that EU law secures) to move between EU states. The invariable answer is a fear that Britain will leave the EU.’

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Halsbury’s Law Exchange, 12th February 2014

Source: www.halsburyslawexchange.co.uk

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ZZ (France) v Secretary of State for the Home Department (No 2) – WLR Daily

Posted January 29th, 2014 in appeals, confidentiality, disclosure, EC law, freedom of movement, immigration, news by sally

ZZ (France) v Secretary of State for the Home Department (No 2) [2014] EWCA Civ 7; [2014] WLR (D) 26

‘Where the state authority refused to permit a citizen of the European Union admission to the United Kingdom on grounds of public security, the national court had to ensure, as a minimum requirement, that he was informed of the essence of the grounds of the decision. While the manner in which that was done had to take due account of the necessary confidentiality of the related evidence against him, the need to protect such confidentiality was not capable of justifying non-disclosure of the essence of the grounds.’

WLR Daily, 24th January 2014

Source: www.iclr.co.uk

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