Commissioners for Her Majesty’s Revenue and Customs (Appellant) v Marks and Spencer plc (Respondent); Commissioners for Her Majesty’s Revenue and Customs (Respondent) v Marks and Spencer plc (Appellant) – Supreme Court
Supreme Court, 22nd May 2013
Category: EC law
Marks & Spencer plc v Revenue and Customs Commissioners – WLR Daily
Marks & Spencer plc v Revenue and Customs Commissioners [2013] UKSC 30; [2013] WLR (D) 191
“The inquiry as to whether a parent company established in the United Kingdom was entitled to cross-border group relief in respect of the losses of its non-resident subsidiaries was to be conducted on the basis of the circumstances existing as at the date of its claim, and not at the end of the accounting period in which those losses crystallised.”
WLR Daily, 22nd May 2013
Source: www.iclr.co.uk
Balance of Competences Review: Call for Evidence on Civil Judicial Cooperation (including family matters) – Ministry of Justice
“The Balance of Competences Review, launched by the Government last summer, is an opportunity for people to have their say on what the EU does and how it affects the UK. This piece of work will deepen our understanding of EU membership, and help shape the UK’s policies in relation to the EU.”
Ministry of Justice, 16th May 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Your views wanted for EU review on civil and family justice – Ministry of Justice
“Lawyers, business groups and the public are all being asked to submit their views on the balance of competences between the UK and the European Union on civil judicial cooperation (including family matters).”
Ministry of Justice, 16th May 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Software Patents: HTC Europe Co Ltd v Apple Inc – NIPC Law
“In HTC Europe Co Ltd v Apple Inc [2013] EWCA Civ 451 (3 May 2013), the Court of Appeal (Lord Justices Richards, Lewison and Kitchin) ventured again into what Lord Justice Lewison described at paragraph [140] of the Court’s judgment as “the minefield of the exclusion from patentability of computer programs ‘as such’.”
NIPC Law, 13th May 2013
Source: www.nipclaw.blogspot.co.uk
Alarape and another v Secretary of State for the Home Department – WLR Daily
Alarape and another v Secretary of State for the Home Department (Case C-529/11); [2013] WLR (D) 168
“The parent of a child who had attained the age of majority and who had obtained access to education on the basis of article 12 of Council Regulation (EEC) No 1612/68 (as amended by Parliament and Council Directive 2004/38/EC) could continue to have a derived right of residence under that article if the child remained in need of the presence and care of that parent in order to be able to continue and to complete his or her education, which was for the referring court to assess, taking into account all the circumstances of the case before it. Periods of residence in a host member state which were completed by family members of a Union citizen who were not nationals of a member state solely on the basis of article 12 of Regulation (EEC) No 1612/68 could not be taken into consideration for the purposes of acquisition by those family members of a right of permanent residence.”
WLR Daily, 8th May 2013
Source: www.iclr.co.uk
Separate data protection law for employment relations recommended – OUT-LAW.com
“New laws should be drafted to set specific rules around data protection in employment relations, a new report has recommended.”
OUT-LAW.com, 9th May 2013
Source: www.out-law.com
UK could face substantial EU fines after Supreme Court ruling on air pollution, says expert – OUT-LAW.com
“The UK could face legal proceedings and substantial fines from the European
Commission as a result of its failure to meet air pollution limits, an expert
has said.”
OUT-LAW.com, 3rd May 2013
Source: www.out-law.com
Supreme Court refers air pollution case to the EU Court – UK Human Rights Blog
“The Supreme Court has taken the UK’s lack of compliance with EU legislation, Directive 2008/50 (limiting the amount of nitrogen dioxide in air) much more seriously than the courts below. It has made a declaration that the UK is in breach and has referred questions of interpretation concerning the Directive and remedies to the CJEU.”
UK Human Rights Blog, 1st May 2013
Source: www.ukhumanrightsblog.com
UK government failing legal duty on air pollution, supreme court rules – The Guardian
“The UK government has failed in its legal duty to protect people from the harmful effects of air pollution, the supreme court ruled on Wednesday.”
The Guardian, 1st May 2013
Source: www.guardian.co.uk
Asociaţia ACCEPT v Consiliul Naţional pentru Combaterea Discriminǎrii – WLR Daily
“Homophobic statements made by a person perceived as playing a leading role in a football club but who did not have legal capacity to bind it in recruitment matters were capable of constituting ‘facts from which it may be presumed that there has been … discrimination’ pursuant to articles 2(2) and 10(1) of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (OJ 2000 L303, p16).”
WLR Daily, 25th April 2013
Source: www.iclr.co.uk
Regina (Evans) v Basingstoke and Deane Borough Council and another – WLR Daily
“The existence in English law of a ten year period after which a breach of planning control was no longer actionable was not incompatible with the terms of Council Directive 85/337/EEC (the Environmental Impact Assessment Directive).”
WLR Daily, 19th April 2013
Source: www.iclr.co.uk
UK Government begins legal challenge to European financial transaction tax – OUT-LAW.com
“The UK Government is challenging a proposed financial transaction tax (FTT) between 11 EU member states, saying that the plans do not respect the rights of countries not participating in the regime.”
OUT-LAW.com, 22nd April 2013
Source: www.out-law.com
The spanner of “human dignity” in the wheels of modern medicine – UK Human Rights Blog
“The EU bans the patenting of human embryos for commercial purposes. This ban is implemented in national law via the 1977 Patents Act. But what precisely is a ‘human embryo’ for the purposes of the Biotech Directive? Or, put another way, must the process involving embryonic stem cells be capable of developing into a human being, before the ban can bite?”
UK Human Rights Blog, 22nd April 2013
Source: www.ukhumanrightsblog.co.uk
Colloseum Holding AG v Levi Strauss & Co – WLR Daily
Colloseum Holding AG v Levi Strauss & Co (Case C–12/12); [2013] WLR (D) 143
“The condition of ‘genuine use’ of a trade mark, within the meaning of article 15(1) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, was satisfied where a registered trade mark, which had become distinctive as a result of the use of another composite mark of which it constituted one of the elements, was used only through that other composite mark, or where it was used only in conjunction with another mark, and the combination of those two marks was, furthermore, itself registered as a trade mark.”
WLR Daily, 18th April 2013
Source: www.iclr.co.uk
Osborne in legal challenge to European Commission over financial transaction tax – The Independent
“Chancellor George Osborne said an application had been lodged at the European Court of Justice to challenge the decision allowing 11 members of the European Union to press ahead with the plans.”
The Independent, 20th April 2013
Source: www.independent.co.uk
Unauthorised browsing of copyrighted material online is legitimate, says UK Supreme Court – OUT-LAW.com
“The UK Supreme Court has asked the EU’s highest court to rule on whether the temporary copies that computers make to allow material to be read online breach copyright laws.”
OUT-LAW.com, 17th April 2013
Source: www.out-law.com
