“Gordon Brown faces his first legal challenge under the new EU Charter of Fundamental Rights days after claiming to have won a watertight opt-out from the document for Britain.”
The Times, 22nd October 2007
Source: www.timesonline.co.uk
Palacios de la Villa v Cortefiel Servicios SA (Case C-411/05)
“Although a Spanish law permitting compulsory retirement at age 65 gave rise to a difference in treatment directly based on age, as referred to in art 2 of Directive 2000/78 establishing a general framework for equal treatment in employment and occupation, it was justified under art 6 as a measure having a legitimate aim relating to employment policy.”
WLR Daily, 16th October 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.
Whether Community design is infringed
Procter and Gamble v Reckitt Benckiser (UK) Ltd
Court of Appeal
“In determining whether there had been infringement of a registered European Community design, the court was obliged to adopt the standpoint of an informed user, who was more discriminating than the average consumer and was fairly familiar with design issues.”
The Times, 17th 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.
“UK workers hoping to keep their jobs beyond the age of 65 suffered a severe blow today after Europe’s highest court approved controversial laws that effectively allow employers to force out staff once they reach their country’s mandatory retirement age.”
The Times, 16th October 2007
Source: www.timesonline.co.uk
Rampion and another v Franfinance SA and another (Case C-429/05)
“A consumer’s right under certain conditions, under art 11(2) of Directive 87/102 on consumer credit, to pursue remedies against the provider of finance to him under a credit agreement, applied to a credit facility allowing credit on a number of occasions as well as credit for a single transaction, and the right could not be made conditional on the prior offer of credit naming the goods or services being financed.”
WLR Daily, 4th October 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.
Procter & Gamble Co v Reckitt Benckiser (UK) Ltd [2007] EWCA Civ 936
“In considering an allegation of breach of a registered Community Design, the court should adopt the standpoint of an ‘informed user’ who was more familiar than the average consumer with design issues. Rather than relying on expert evidence, the court should look closely at the registered design and the allegedly infringing article and ask whether it produced a different overall impression.”
WLR Daily, 10th October 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.
“Gordon Brown’s efforts to protect Britain’s opt-outs on the new EU treaty at next week’s summit in Lisbon came under fresh pressure yesterday when a Labour-dominated committee of MPs claimed the latest draft of the treaty presented fresh threats to British sovereignty.”
The Guardian, 12th October 2007
Source: www.guardian.co.uk
Tax relief breaks EU law
Schwarz and Another v Finanzamt Bergisch Gladbach
Court of Justice of the European Communities
“The German law whereby tax relief on private school fees was available only for German schools was contrary to Community law.”
The Times, 11th 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.
“A test case which could affect the employment rights of thousands of people who care for disabled or elderly relatives will go to the European court of justice in Luxembourg tomorrow.”
The Guardian, 8th October 2007
Source: www.guardian.co.uk
VAT relief only if goods physically move out of member state
Regina (Teleos plc and Others) v Commissioners of Customs and Excise
“A supply of goods qualified as an intra-Community supply of goods that in principle was exempt from value-added tax only if the goods physically moved from the EC member state of dispatch to the destination state.”
The Times, 5th 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.
R (Teleos and others) v Customs and Excise Commissioners
“There could only be an intra-Community acquisition and supply of goods if the goods actually left the territory of the Member State of supply, but where the goods were fraudulently retained in that State, the supplier could not be made liable for VAT if he was unaware of the fraud and had taken all reasonable steps to ensure that he was not participating in tax evasion.”
WLR Daily, 1st October 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.
“The European Commission is threatening legal action against the UK government for failing to properly safeguard individuals’ personal data.”
The Guardian, 1st October 2007
Source: www.guardian.co.uk
“The confidential protection enjoyed by lawyers over their communications does not extend to in-house lawyers, the European Court of First Instance ruled yesterday.”
The Times, 17th September 2007
Source: www.timesonline.co.uk
“The UK’s Data Protection Act (DPA) does not implement European law properly, according to the European Commission which is investigating problems in the UK’s implementation of 11 of the Data Protection Directive’s articles, almost a third of the entire Directive.”
OUT-LAW.com, 17th September 2007
Source: www.out-law.com
“Thirteen judges signalled bad luck for so-called superdominant companies yesterday and confirmed Europe as the world’s most hostile arena for private sector titans.”
The Times, 18th September 2007
Source: www.timesonline.co.uk
“Britain’s pints and miles were reprieved by the European Commission today – to protect the nation’s ‘traditions, culture and lifestyle’ “.
The Independent, 12th September 2007
Source: www.independent.co.uk
“Members of the European Parliament overwhelmingly want to see an EU-wide register of sex offenders established, a survey suggests.”
BBC News, 22nd August 2007
Source: www.bbc.co.uk
Green Lane Products Ltd. v. PMS International Group Ltd. and others [2007] EWHC 1712 (Pat)
“The ‘sector concerned’ for the purposes of art. 7 of Council Regulation (EC) No 6/2002 was the sector corresponding to the prior art., and not the sector corresponding to the product class indicated in the application for a Community registered design.”
WLR Daily, 19th July 2007
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The European Commission has proposed simplifying the law governing businesses in Europe just months after large parts of the UK’s new Companies Act came into force.”
OUT-LAW.com, 12th July 2007
Source: www.out-law.com
“An internet service provider in Belgium must screen traffic for music piracy, a court has ruled in a decision which overturns conventional thinking on how two major European directives relate to one another.”
OUT-LAW.com, 6th July 2007
Source: www.out-law.com
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