EC law – Page 73 – Current Awareness

Piepenbrock Dienstleistungen GmbH & Co KG v Kreis Düren (Stadt Düren intervening) – WLR Daily

Posted June 18th, 2013 in contracts, EC law, law reports, local government, public procurement by sally

Piepenbrock Dienstleistungen GmbH & Co KG v Kreis Düren (Stadt Düren intervening) (Case C-386/11); [2013] WLR (D) 233

“A contract whereby (without establishing co-operation between the contracting public entities with a view to carrying out a public service task that both of them had to perform)—one public entity had assigned to another the task of cleaning certain public buildings, while reserving a supervisory power, in return for payment for the costs incurred, the second entity being authorised to use the services of third parties which might be capable of competing on the market for the accomplishment of that task—constituted a public service contract within the meaning of article 1(2)(d) of Parliament and Council Directive 2004/18/EC.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

Goldbet Sportwetten GmbH v Sperindeo – WLR Daily

Posted June 18th, 2013 in EC law, enforcement, jurisdiction, law reports by sally

Goldbet Sportwetten GmbH v Sperindeo (Case C-144/12); [2013] WLR (D) 230

“Pursuant to article 6 of Parliament and Council Regulation (EC) No 1896/2006 creating a European order for payment procedure, read in conjunction with article 17, a statement of opposition to a European order for payment that did not contain any challenge to the jurisdiction of the court of the member state of origin did not constitute ‘the entering of an appearance’ within the meaning of article 24 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and the fact that the defendant had, in the statement of opposition lodged, put forward arguments relating to the substance of the case was irrelevant.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

Cybercrime needs to be better defined in order to protect privacy rights, says watchdog – OUT-LAW.com

Posted June 18th, 2013 in computer crime, data protection, drafting, EC law, news, privacy by sally

“The European Commission should more clearly define what is meant by ‘cybercrime’ in order to prevent personal data from being processed in cases where it cannot be legally justified, an EU privacy watchdog has said.”

Full story

OUT-LAW.com, 17th June 2013

Source: www.out-law.com

Airline compensation: law firm flies to aid of delayed passengers – The Guardian

Posted June 17th, 2013 in airlines, compensation, complaints, delay, EC law, law firms, legal representation, news by sally

“A Cheshire solicitors has recovered more than £300,000 for 700 passengers with their no-win no-fee service.”

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The Guardian, 15th June 2013

Source: www.guardian.co.uk

Private enforcement: the Commission speaks at last – Competition Bulletin from Blackstone Chambers

Posted June 17th, 2013 in competition, damages, disclosure, EC law, enforcement, joint liability, news, time limits by sally

“The trio of documents published by the Commission last week mark an important moment in private competition enforcement in the EU. After years of debate and consultation, it is now clear that, whilst the Commission is determined to take some important steps to assist claimants in private actions, it is not prepared to bring about the sorts of fundamental changes which would be needed to realise the full potential of private enforcement.”

Full story

Competition Bulletin from Blackstone Chambers, 15th June 2013

Source: www.competitionbulletin.com

European Court of Justice grapples with secret evidence in UK immigration case – UK Human Rights Blog

Posted June 14th, 2013 in appeals, closed material, EC law, freedom of movement, immigration, news, terrorism, tribunals by sally

“The European Court of Justice has, in recent days, handed down a judgment that hits several hot buttons: UK immigration law, EU human rights, secret evidence, and suspicions of terrorism. In ZZ the Court has had to rule on the use of secret evidence before the Special Immigration Appeals Commission (SIAC).”

Full story

UK Human Rights Blog, 14th June 2013

Source: www.ukhumanrightsblog.com

Trustees of the Olympic Airlines SA Pension & Life Insurance Scheme v Olympic Airlines SA – WLR Daily

Posted June 13th, 2013 in appeals, company law, EC law, insolvency, jurisdiction, law reports, news, winding up by sally

Trustees of the Olympic Airlines SA Pension & Life Insurance Scheme v Olympic Airlines SA [2013] EWCA Civ 643; [2013] WLR (D) 227

“The definition of ‘establishment’ in article 2(h) of Council Regulation (EC) 1346/2000 was to be applied with care where one was seeking to determine whether jurisdiction lay for a secondary winding up of a primarily foreign-based company.”

WLR Daily, 6th June 2013

Source: www.iclr.co.uk

The Chagossian Wikileaks cable judgment, fishing rights and a dose of EU law – UK Human Rights Blog

Posted June 12th, 2013 in Chagos Islands, consultations, disclosure, EC law, environmental protection, fisheries, indigenous peoples, news by sally

“The Divisional Court has now dismissed the claim by Mr Bancoult on behalf of the Chagossian islanders. He had challenged the designation of the waters around the islands as a ‘no take’ Marine Protected Area, i.e. one which could not be fished.”

Full story

UK Human Rights Blog, 11th June 2013

Source: www.ukhumanrightsblog.com

Chagos marine park is lawful, High Court rules – BBC News

Posted June 11th, 2013 in Chagos Islands, EC law, environmental protection, fisheries, indigenous peoples, news by tracey

“A UK government decision to create a controversial marine park in the Indian Ocean has been upheld by the High Court.”

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BBC News, 11th June 2013

Source: www.bbc.co.uk

ZZ (France) v Secretary of State for the Home Department – WLR Daily

Posted June 10th, 2013 in confidentiality, disclosure, EC law, evidence, freedom of movement, immigration, law reports by sally

ZZ (France) v Secretary of State for the Home Department (Case C-300/11); [2013] WLR (D) 218

“Where a national authority had failed to inform an EU citizen precisely and in full of the public security grounds, and the related evidence, upon which it had made a decision under article 27 of Parliament and Council Directive 2004/38/EC refusing the citizen entry, the national court was required, pursuant to articles 30(2) and 31 of the Directive and article 47 of the Charter of Fundamental Rights, to ensure that that failure was limited to that which was strictly necessary. The court had to ensure, in any event, that the citizen was informed of the essence of the grounds in a manner which took due account of the necessary confidentiality of the evidence.”

WLR Daily, 4th June 2013

Source: www.iclr.co.uk

Regina (MA and others) v Secretary of State for the Home Department – WLR Daily

Posted June 10th, 2013 in asylum, children, EC law, immigration, law reports by sally

Regina (MA and others) v Secretary of State for the Home Department (Case C-648/11); [2013] WLR (D) 217

“On the proper interpretation of the second paragraph of article 6 of Council Regulation (EC) No 343/2003, where an unaccompanied minor, who had no family member within the European Union, had made applications for asylum in more than one member state, the member state responsible for examining that application was that in which the minor was present at the time, after having lodged an asylum application there.”

WLR Daily, 6th June 2013

Source: www.iclr.co.uk

Halaf v Darzhavna agentsia za bezhantsite pri Ministerskia savet – WLR Daily

Posted June 6th, 2013 in asylum, EC law, immigration, law reports, United Nations by sally

Halaf v Darzhavna agentsia za bezhantsite pri Ministerskia savet (Case C-528/11); [2013] WLR (D) 214

“Article 3(2) of Council Regulation (EC) No 343/2003 of 18 February 2003, establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third-country national, permitted a member state, which was not indicated as responsible by the criteria in Chapter III of the Regulation, to examine an application for asylum even though no circumstances existed which established the applicability of the humanitarian clause in article 15 of the Regulation. That possibility was not conditional on the member state responsible under those criteria having failed to respond to a request to take back the asylum seeker concerned. The member state in which the asylum seeker was present was not obliged, during the process of determining the member state responsible, to request the Office of the United Nations High Commissioner for Refugees to present its views where it was apparent from the documents of that office that the member state indicated as responsible by the criteria in Chapter III of Regulation No 343/2003 was in breach of the rules of European Union law on asylum.”

WLR Daily, 30th May 2013

Source: www.iclr.co.uk

Genil 48 SL and another v Bankinter SA and another – WLR Daily

Posted June 6th, 2013 in banking, EC law, financial advice, law reports by sally

Genil 48 SL and another v Bankinter SA and another (Case C-604/11); [2013] WLR (D) 213

“An investment service was offered as part of a financial product within the meaning of article 19(9) of Parliament and Council Directive 2004/39/EC of 21 April 2004 on markets in financial instruments only when it formed an integral part thereof at the time when that financial product was offered to the client.”

WLR Daily, 30th May 2013

Source: www.iclr.co.uk

Abdulrahim v Council of the European Union and another – WLR Daily

Posted June 3rd, 2013 in EC law, human rights, intelligence services, law reports, lists, terrorism by sally

Abdulrahim v Council of the European Union and another (Case C-239/12P); [2013] WLR (D) 208

“Despite the removal of his name from a ‘terrorist watch list’, established by Council Regulation (EC) No 881/2002 imposing restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, to which his name had been added by Council Regulation (EC) 1330/2008, the applicant retained an interest in having the courts of the European Union recognise that he should never have been included on the list since the removal of his name did not dispose of his constitutional claims.”

WLR Daily, 28th May 2013

Source: www.iclr.co.uk

Interflora Inc and another v Marks and Spencer plc and another – WLR Daily

Posted June 3rd, 2013 in advertising, EC law, intellectual property, internet, law reports, trade marks by sally

Interflora Inc and another v Marks and Spencer plc and another [2013] EWHC 1291 (Ch); [2013] WLR (D) 206

“There was no rule in European trade mark law that the use of a sign in context was deemed to convey a single meaning in law even if it was in fact understood by different people in different ways.”

WLR Daily, 21st May 2013

Source: www.iclr.co.uk

Regina (Hemming (t/a Simply Pleasure Ltd and others) v Westminster City Council – WLR Daily

Posted May 29th, 2013 in EC law, fees, judicial review, law reports, licensing, local government, part 36 offers, sex establishments by sally

Regina (Hemming (t/a Simply Pleasure Ltd and others) v Westminster City Council [2013] EWCA Civ 591; [2013] WLR (D) 203

“Since the coming into force of the Provision of Services Regulations 2009 a local authority was not permitted, when determining the reasonable licence fee for sex establishments, to reflect in the fee which it determined the cost of enforcing the licensing system against unlicensed operators.”

WLR Daily, 24th May 2013

Source: www.iclr.co.uk

Bye bye England: what will happen to Community Trade Marks and Community Registered Designs if the UK or another Member State says “Good-bye”? – Technology Law Update

Posted May 28th, 2013 in EC law, licensing, news, trade marks by sally

“With the recent debates about an in-out EU referendum rumbling on, the relationship between the UK and the EU is under continuing scrutiny. The political and economic issues of a withdrawal may take newspaper headlines, but the impact on Community trade marks and registered designs should not be forgotten either.”

Full story

Technology Law Update, 24th May 2013

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

Melzer v MF Global UK Ltd – WLR Daily

Posted May 24th, 2013 in conflict of laws, EC law, jurisdiction, law reports by tracey

Melzer v MF Global UK Ltd: (Case C-228/11); [2013] WLR (D) 196

“The special jurisdiction in matters relating to tort under article 5(3) of Council Regulation (EC) No 44/2001 was not applicable where, in a case in which several people acting in different member states took part in allegedly harmful events, the action was brought against one of them who had not acted within the jurisdiction of the court seised, on the basis of a harmful event imputed to an accomplice or joint participant who was within the jurisdiction of the court, but who was not a party to the dispute.”

WLR Daily, 16th May 2013

Source: www.iclr.co.uk

Date cross border group relief claim is made, not end of accounting period, will determine claim success, says Supreme Court – OUT-LAW.com

Posted May 24th, 2013 in accounts, EC law, HM Revenue & Customs, news, subsidiary companies, taxation by tracey

“The date when a claim for cross border group relief is made should form the basis of a decision about one of the tests for granting that relief under EU law and not the date of the end of the accounting period in which the claim was made, the Supreme Court has ruled.”

Full story

OUT-LAW.com, 24th May 2013

Source: www.out-law.com