ECJ tax ruling threatens London stock markets – The Times

Posted March 17th, 2008 in EC law, financial regulation, news, VAT by sally

“London’s position as a leading capital markets centre is under threat following a European court ruling that will increase the cost of raising money on the London Stock Exchange.”

Full story

The Times, 14th March 2008

Source: www.timesonline.co.uk

EU treaty bill clears the Commons – BBC News

Posted March 12th, 2008 in bills, EC law, news, treaties by sally

“The controversial bill which will ratify the Lisbon Treaty has cleared its final Commons stages.”

Full story

BBC News, 11th March 2008

Source: www.bbc.co.uk

Regina (The Infant and Dietetic Foods Association Ltd) v Secretary of State for Health – WLR Daily

Posted March 4th, 2008 in advertising, EC law, food, labelling, law reports by sally

Regina (The Infant and Dietetic Foods Association Ltd) v Secretary of State for Health; WLR (D) 68

“The reference to ‘products’ in art 18 of the Commission Directive 2006/141/EC on Infant Formulae and Follow-on Formulae was not limited to the compositional elements of the formulae but also covered packaging and labelling, with the result that the prohibition on trade in products which did not comply with the Directive was to have effect from 31 December 2009.”

WLR Daily, 3rd March 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.

Ballots add to pressure for treaty referendum – The Times

Posted March 3rd, 2008 in EC law, news, referendums, treaties by sally

“Pressure for a national referendum on the Lisbon treaty intensified yesterday when a pressure group announced that more than 150,000 people took part in local ballots on the issue.”

Full story

The Times, 3rd March 2008

Source: www.timesonline.co.uk

EU trials in absence – Attorney-General’s Office

Posted February 29th, 2008 in consultations, criminal procedure, EC law by sally

“EU trials in absence: Attorney General launches UK consultation.”

Full consultation

Attorney-General’s Office, 28th February 2008

Source: www.attorneygeneral.gov.uk

Forcing drug companies to publish negative trial results ‘is against law’ – The Times

Posted February 27th, 2008 in EC law, medicines, news by sally

“An election pledge to require drugs companies to publish full details of clinical trials for medicines cannot be fulfilled because it is illegal under EU law, the Government has admitted.”

Full story

The Times, 27th February 2008

Source: www.timesonline.co.uk

European Communities (Finance) Act 2008

Posted February 25th, 2008 in EC law, legislation by sally

European Communities (Finance) Act 2008 published

Full text of Act

Source: www.opsi.gov.uk

Jose Gonzalez Gomez and others v Encarnacion Gomez-Monche Vives and others – WLR Daily

Posted February 20th, 2008 in conflict of laws, EC law, law reports, trusts by sally

Jose Gonzalez Gomez and others v Encarnacion Gomez-Monche Vives and others [2008] EWHC 259 (Ch); [2008] WLR (D) 50

“The words ‘as beneficiary’ contained in art 5(6) of Council Regulation (EC) 44/2001, which provided that a person domiciled in a member state could, in another member state, be sued ‘as … beneficiary of a trust’, required the claimants to show that they were suing a party in its capacity as a beneficiary rather than in the capacity as someone not beneficially entitled to the moneys that were claimed.”

WLR Daily, 19th February 2008

Source: www.lawreports.co.uk

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


Extend performers’ copyright to 95 years, says EU commissioner – The Guardian

Posted February 15th, 2008 in copyright, EC law, news by sally

“Performing artists, such as Cliff Richard, and session musicians would get copyright protection on their recordings for 95 years instead of the current 50, under plans put forward yesterday by Charlie McCreevy, the EU’s internal market commissioner.”

Full story

The Guardian, 15th February 2008

Source: www.guardian.co.uk

KG (Sri Lanka) v Secretary of State for the Home Department; AK (Sri Lanka) v Same – WLR Daily

Posted January 29th, 2008 in EC law, immigration, law reports by sally

KG (Sri Lanka) v Secretary of State for the Home Department; AK (Sri Lanka) v Same [2008] EWCA Civ 13;[2008] WLR (D) 11

“The right of a citizen of the European Union and his family members to move and reside freely within the territory of the Member States did not extend to “other family members” (falling within art 3(2)(a) but not art 2(2) of Parliament and Council Directive 2004/38/EC) who had not been the dependants or members of the household of the Union citizens in the European Economic Area state from which the citizen had moved.”

WLR Daily, 28th January 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.

Regina (Payir and Others) v Secretary of State for the Home Department Case – Times Law Reports

Posted January 29th, 2008 in EC law, immigration, law reports by sally

Regina (Payir and Others) v Secretary of State for the Home Department Case C-294/06

Court of Justice of the European Communities

“The right of a Turkish national to continue in employment in an EC member state after working there for more than a year, was not affected by the fact that that person had initially been given leave to enter the country as an au pair or as a student.”

The Times, 29th January 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.

Podcast 40: Carl Gardner on Peter Hain, Terrorism, The EU Amendment Bill and the problems about the rule of law in Pakistan… – Charon QC

Posted January 28th, 2008 in EC law, elections, government departments, podcasts, terrorism by sally

“Today I am talking to Carl Gardner, author of the Head of Legal blog. Carl was a government lawyer for ten years specialising in Constitutional and EU Law issues. Now freelance, Carl has some useful views today about the Peter Hain resignation, the Police investigation, possible charges, the new Counter Terrorism proposals being debated in Parliament and he is keeping a watching brief on the Mad Hatter’s Tea Party – the EU Treaty debate in The House of Commons.”

Podcast

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of Consilio.tv

Related link: Head of Legal blog

Fleming (t/a Bodycraft) v Revenue and Customs Commissioners – Times Law Report

Posted January 25th, 2008 in EC law, law reports, retrospectivity, time limits, VAT by sally

Fleming (t/a Bodycraft) v Revenue and Customs Commissioners
Conde Nast Publications Ltd v Same

House of Lords

“There was a breach of European Union law in the absence of a transitional period when the legislature introduced a retrospective time limit within which those liable to value-added tax could make a claim for overpaid input tax.”

The Times, 25th January 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.
 

Fleming (trading as Bodycraft) v Revenue and Customs Commissioners; Conde Nast Publications Ltd v Revenue and Customs Commissioners – WLR Daily

Posted January 24th, 2008 in EC law, law reports, retrospectivity, time limits, VAT by sally

Fleming (trading as Bodycraft) v Revenue and Customs Commissioners; Conde Nast Publications Ltd v Revenue and Customs Commissioners [2008] UKHL 2; [2008] WLR (D) 5

“The absence of a transitional period when the legislature introduced a retrospective time limit within which value added taxpayers could make a claim for overpaid input tax amounted to a breach of European Community law. Therefore the time limit had to be disapplied in respect of those who had accrued rights when the retrospective time limit was introduced, and in all the circumstances it was for the legislature and not the court to introduce an adequate transitional period.”

WLR Daily, 23rd January 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.

Chevassus-Marche (Heirs of) v Groupe Danone and others – WLR Daily

Posted January 22nd, 2008 in commercial agents, EC law, law reports by sally

Chevassus-Marche (Heirs of) v Groupe Danone and others (Case C-19/07); WLR (D) 5

“On the proper interpretation of art 7(2) (first indent) of Council Directive 86/653 on self-employed commercial agents, a commercial agent entrusted with a specific geographical area did not have the right to a commission for transactions concluded by customers belonging to that area without any action, direct or indirect, on the part of the principal.”

WLR Daily, 21st January 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.

EU reform Bill passes its first hurdle – The Independent

Posted January 22nd, 2008 in constitutional reform, EC law, news, parliament by sally

“The Government comfortably won the first round of its gruelling battle over the European reform treaty last night, after facing angry accusations of betraying the voters.”

Full story

The Independent, 22nd January 2008

Source: www.independent.co.uk

Chevassus-Marche (Heirs of) v Groupe Danone and others – WLR Daily

Posted January 21st, 2008 in commercial agents, EC law, law reports by sally

Chevassus-Marche (Heirs of) v Groupe Danone and others (Case C-19/07) [2008] WLR (D) 2

“On the proper interpretation of art 7(2) (first indent) of Directive 86/653 on self-employed commercial agents, a commercial agent entrusted with a specific geographical area did not have the right to a commission for transactions concluded by customers belonging to that area without any action, direct or indirect, on the part of the principal.
The First Chamber of the Court of Justice of the European Communities so ruled on a reference for a preliminary ruling by the Cour de cassation, France.”

WLR Daily, 18th January 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.

Government braced for revolt to force EU referendum – The Guardian

Posted January 21st, 2008 in constitutional law, EC law, news, parliament by sally

“Senior ministers are bracing themselves for the most significant revolt Gordon Brown has faced when Eurosceptic Labour rebels join forces with the Conservatives to try to force a referendum on the EU’s Lisbon treaty.”

Full story

The Guardian, 21st January 2008

Source: www.guardian.co.uk

Kingdom of Sweden v Commission of the European Communities Case – Times Law Reports

Posted January 11th, 2008 in disclosure, EC law, law reports by sally

Kingdom of Sweden v Commission of the European Communities Case C-64/05P

Court of Justice of the European Communities

“A request by an EU member state to a Community institution not to disclose to a third party documents originating from that state and held by the institution was to be regarded not as instruction with which the institution was bound to comply but as the first step in a process of inquiry as to whether one of the exceptions to disclosure set out in the Community regulation on access to documents applied.”

The Times, 11th January 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.

In re D (a Child)(Abduction: Rights of custody) (No 2) – Times Law Reports

Posted January 9th, 2008 in contact orders, EC law, jurisdiction, law reports by sally

In re D (a Child)(Abduction: Rights of custody) (No 2)

Court of Appeal

“A contact order which predated Romania’s accession to the European Union was not enforceable under Council Regulation 2201/2003 (Brussels II Revised) (OJ 2003 L33b/1).”

The Times, 9th January 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.