“Employees who left a company to start up a rival breached that firm’s database rights when they took information with them, the High Court has ruled. The firm failed to prove, though, that the actions breached the company’s confidentiality.”
OUT-LAW.com, 8th January 2008
Source: www.out-law.com
Regina (Szklanny) v Westminster City Magistrates Court
Queen’s Bench Divisional Court
“While the discretion conferred on a court to extend time for extradition was in broad terms, there was an obligation to interpret national law, so far as possible, in the light of the wording and purpose of the European Council Framework Decision on the European arrest warrant and surrender proceedings between member states (2002/584/JHA; OJ July 18, 2002 No L190/1).”
The Times, 21st December 2007
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.
“Members of the European Parliament (MEPs) have criticised EU anti-terror laws for violating basic human rights. The Parliament passed a resolution condemning EU bodies and member states for passing laws which undermine rights to privacy or fair trials.”
OUT-LAW.com, 17th December 2007
Source: www.out-law.com
“A small Norwegian web browser firm has complained to the European Commission that Microsoft’s behaviour is damaging competition in Europe.”
OUT-Law.com, 17th December 2007
Source: www.out-law.com
International Transport Workers’ Federation and Another v Viking Line ABP and Another
Court of Justice of the European Communities
“The protection of workers could justify industrial action causing a restriction on freedom of establishment of a shipowner proposing to reflag the vessel for economic reasons.”
The Times, 14th December 2007
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.
“The prime minister, Gordon Brown, will travel to Portugal on Thursday to sign the controversial EU reform treaty, it was confirmed today.”
The Guardian, 11th December 2007
Source: www.guardian.co.uk
Sundelind Lopez v Lopez Lizazo (Case C-68/07)
“Arts 6 and 7 of Regulation No 2201/2003 meant that where, in divorce proceedings, a respondent was not habitually resident in and not a national of a member state, the courts of a member state could not base their jurisdiction to hear the petition on their national law, if the courts of another member state had jurisdiction under art 3 of the Regulation.
The Third Chamber of the Court of Justice of the European Communities so ruled on a reference for a preliminary ruling by the Högsta domstolen, Sweden.”
WLR Daily, 4th December 2007
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.
“Britain looks likely to lose its fight against the EU’s proposed new rights for temporary workers. Employers argue that the change, which would give Britain’s estimated 1.3 million agency workers the same pay and workplace conditions as permanent staff, puts 250,000 jobs at risk.”
The Times, 4th December 2007
Source: www.timesonline.co.uk
Regina (Law Society) v Legal Services Commission
“The virtually unlimited unilateral power of amendment given to the Legal Services Commission in its new unified contract with solicitors wishing to undertake publicly funded civil work was incompatible with the requirement of transparency in the award of contracts by public authorities.”
The Times, 3rd December 2007
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.
“The unilateral power of amendment given to the Legal Services Commission in its new unified contract with solicitors wishing to undertake publicly funded civil work was incompatible with the requirement of transparency in the award of contracts by public authorities.”
WLR Daily, 30th November 2007
Please note: once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The deal secured by Gordon Brown on the EU reform treaty is subject to fresh doubts today as a committee of MPs warns that the government has failed in its pledge to retain control of justice and home affairs matters. The European scrutiny committee has demanded a fresh debate on the treaty before it is signed by heads of government because of ‘ambiguous’ wording in the treaty.”
The Guardian, 27th November 2007
Source: www.guardian.co.uk
“Documents containing personal data cannot be withheld under EU freedom of information laws if the disclosure of the data does not undermine the privacy of the persons named, according to a ruling by the European Court of First Instance.”
OUT-LAW.com, 20th November 2007
Source: www.out-law.com
“Leaders of the European Union member states will sign a new reform treaty next month. But what are the legal implications of this landmark agreement for the UK?
Law Society’s Gazette, 15th November 2007
Source: www.lawgazette.co.uk
“In the UK, treaty-making is a matter for the Crown acting in conjunction with Parliament. The few instances of referendums and the like are insufficient to give rise to a constitutional convention saying that a referendum must be held if a treaty such as the European Union (EU) Reform Treaty is to be ratified. Whether or not there should be a referendum on the EU Reform Treaty is therefore a political rather than a legal question. This is except for the idea once floated by the Conservative Party of holding a referendum after ratification with a view to backing out of the Reform Treaty if it found against it, which does have legal implications. The professed purpose of such a post-ratification referendum is to engineer a breach by the UK of a legally binding promise that it had entered into freely and in accordance with domestic procedures and processes.”
Legal Week, 15th November 2007
Source: www.legalweek.com
“Hopes that clubs can be forced to field a quota of players from their home nation by using the new EU treaty are doomed to fail, according to the European Commission.”
The Times, 15th November 2007
Source: www.timesonline.co.uk
“Europe’s top privacy regulator has said that European privacy laws will need to be overhauled in just five years’ time. He also said that the rules governing which countries can be sent Europeans’ data could be improved.”
OUT-LAW.com, 9th November 2007
Source: www.out-law.com
“A request to the Commission of the European Communities for access to personal data contained in a Commission document could only be refused on the grounds of the privacy and integrity of the persons if such privacy and integrity were capable of being actually and specifically undermined by disclosure, and the applicant did not have to prove that disclosure was necessary.”
WLR Daily, 8th November 2007
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.
“European Union countries would hold sensitive information about all passengers entering and leaving the EU on flights under proposals unveiled on Tuesday to toughen terror legislation across the 27-member bloc.”
Financial Times, 6th November 2007
Source: www.ft.com
“The European Commission is proposing anti-terrorism measures that include the collection of extensive flight data and tighter internet laws.”
BBC News, 6th November 2007
Source: www.bbc.co.uk
National employment policy justifies age bias
Palacios de la Villa v Cortefiel Servicios SA Case C-411/05
“Although a domestic law providing for compulsory dismissal from employment at a set retirement age constituted direct discrimination on the ground of age, contrary to an EC directive, it was justified if it pursued a legitimate aim of national employment policy, such as distributing employment between generations, and if it was appropriate and necessary for that objective.”
The Times, 23rd October 2007
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.
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