“The rock dinosaurs of the 1960s are in line for a spectacular windfall after the EU announced plans yesterday to extend musicians’ entitlement to retrospective royalties from 50 to 95 years.”
The Times, 17th July 2008
Source: www.timesonline.co.uk
“The European Commission has proposed a Directive that would give performers rights over recordings for 95 years after the recording. The change would give a player on a recording rights for the same length of time as the writer of the material.”
OUT-LAW.com, 16th July 2008
Source: www.out-law.com
Centrum voor gelijkheid van kansen en voor racismbestrijding v Firma Feryn
Court of Justice of the European Communities
“Public statements by an employer that it would not recruit employees of a certain racial or ethnic origin constituted direct discrimination in respect of recruitment, within the Community race discrimination directive, even though there was no identifiable complainant contending that he had been the victim of discrimination.”
The Times, 16th July 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Public statements that persons of particular racial origins were not acceptable as candidates for an employment post prima facie constituted direct discrimination for the purposes of Directive 2000/43 on equal treatment between persons irrespective of racial or ethnic origin, even if no particular complainant could be identified, but it was open to the employer to establish that no infringement of the principle of equal treatment was involved.”
WLR Daily, 11th July 2008
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.
AC-Treuhand AG v Commission of the European Communities (Case T-99/04); [2008] WLR (D) 229
“A consultancy firm which contributed actively and intentionally to a cartel between producers which were active on a market other than that on which the firm itself operated was liable for an infringement of article 81(1)EC, even though it was not a party to the agreement between the producers.”
WLR Daily, 8th July 2008
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.
Vodafone 2 v Revenue and Customs Commissioners [2008] EWHC 1569 (Ch); [2008] WLR (D) 228
“Legislation concerning controlled foreign companies (CFC), which relied on ss 747 and 748 of the Income and Corporation Taxes Act 1988 for its effectiveness, was not compliant with European Community law and must be disapplied so that, pending such amending legislation or executive action, no charge could be imposed on a taxpayer company under that legislation.”
WLR Daily, 8th July 2008
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.
“The UK’s privacy watchdog has said that EU privacy laws are out of date and in need of reform. The Information Commissioner’s Office (ICO) has commissioned a research firm to look into how the law could be changed.”
OUT-LAW.com, 8th July 2008
Source: www.out-law.com
Environment Agency v Thorn International UK Ltd; [2008] WLR (D) 219
“A used electrical product, such as a refrigerator or a computer monitor, which had been taken back from its original owner on purchase of a replacement model, and then bought by a company for repair or refurbishment prior to re-sale, was not, while awaiting such repairs, ‘waste’ within the meaning of the Environmental Protection Act 1990 and Council Directive 75/442/EEC.”
WLR Daily, 3rd July 2008
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.
Court of Justice of the European Communities
“There was no principle that the Council of the European Union was entitled automatically to refuse access to opinions of its legal service relating to a legislative process.”
The Times, 4th July 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“A cause of action for damages against the Government for failure to implement Community law and provide a remedy in a personal injury case accrued as soon as some measurable damage had been suffered.”
WLR Daily, 2nd July 2008
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.
“The Council of the European Union did not have a general entitlement to refuse all requests by members of the public for access to opinions from its legal service in the context of legislative enactment. The principle of transparency was an overriding public interest capable of prevailing over a statutory reason for refusing access to a document.”
WLR Daily, 2nd July 2008
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.
Byrne v Motor Insurers’ Bureau and Another
Court of Appeal
“The procedure for making a claim to the Motor Insurers’ Bureau for compensation in respect of injury caused by an untraced driver should be subject to a limitation period no less favourable than that which applied to the commencement of proceedings by minors for personal injury in tort against a traced driver.”
The Times, 2nd July 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Court of Appeal
“Where there was a reasonable chance that the Court of Justice of the European Communities might decide a case pending before it so as to give a plaintiff a good claim in the English courts, the sensible answer was to stay the hearing of the claimant’s case so that it would not be snuffed out before the European Court decision became known.”
The Times, 27th June 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Commune de Mesquer v Total France SA and another (Case C-188/07); [2008] WLR (D) 206
“When heavy fuel oil, produced during the refinement of crude oil, was discharged from a ship at sea, the producer of the oil, as well as the seller of the oil and the charterer of the ship, could be held liable for the cost of disposing of pollution on the coast caused by the oil.”
WLR Daily, 25th June 2008
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.
“The Conservative Eurosceptic millionaire Stuart Wheeler today lost his high court bid to force the government to hold a referendum on the EU’s Lisbon treaty.”
The Guardian, 25th June 2008
Source: www.guardian.co.uk
“Britain’s approval of the EU’s Lisbon Treaty suffered a last-minute hitch when a High Court judge ordered the Government to delay ratification.”
The Independent, 21st June 2008
Source: www.independent.co.uk
“Gordon Brown has said Britain will not ratify the EU Treaty until the High Court has ruled on a separate bid to force a British referendum.”
BBC News, 20th June 2008
Source: www.bbc.co.uk
“An attempt to block Britain’s ratification of the Lisbon Treaty has been rejected by the High Court.”
BBC News, 19th June 2008
Source: www.bbc.co.uk
“The Bill to implement the EU’s Lisbon reform treaty cleared its final hurdle last night when the House of Lords rejected calls to delay it following last week’s ‘no’ vote in Ireland.”
The Independent, 19th June 2008
Source: www.independent.co.uk
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