EC law – Page 75 – Current Awareness

HK Danmark (acting on behalf of Ring) v Dansk almennyttigt Boligselskab; HK Danmark (acting on behalf of Skouboe Werge) v Dansk Arbejdsgiverforening (acting on behalf of Pro Display A/S (in liquidation)) – WLR Daily

Posted April 16th, 2013 in disability discrimination, EC law, law reports, unfair dismissal, working time by sally

HK Danmark (acting on behalf of Ring) v Dansk almennyttigt Boligselskab; HK Danmark (acting on behalf of Skouboe Werge) v Dansk Arbejdsgiverforening (acting on behalf of Pro Display A/S (in liquidation)) (Joined Cases C-335/11 and C-337/11); [2013] WLR (D) 137

“The concept of ‘disability’ in Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation included a condition caused by an illness medically diagnosed as curable or incurable where that illness entailed a limitation which resulted in particular from physical, mental or psychological impairments which in interaction with various barriers might hinder the full and effective participation of the person concerned in professional life on an equal basis with other workers, and where the limitation was a long term one.”

WLR Daily, 11th April 2013

Source: www.iclr.co.uk

Regina (Edwards and another) v Environment Agency and others (No 2) – WLR Daily

Posted April 16th, 2013 in EC law, judicial review, law reports, protective costs orders by sally

Regina (Edwards and another) v Environment Agency and others (No 2) (C-260/11); [2013] WLR (D) 136

“The requirement pursuant to article 10a of Council Directive 85/337/EEC and article 15a of Council Directive 96/61/EC that the review by members of the public of the legality of environmental decisions by public law bodies should not be “prohibitively expensive” meant that the members of the public covered by those provisions should not be prevented from seeking or pursuing a claim for judicial review by reason of the financial burden that might arise.”

WLR Daily, 11th April 2013

Source: www.iclr.co.uk

Margaret Thatcher and the Constitution – UK Human Rights Blog

Posted April 10th, 2013 in constitutional law, EC law, human rights, injunctions, judicial review, judiciary, news, shipping law by sally

“The consequences of Margaret Thatcher’s administration have been long lasting. In many areas of national life Thatcher took the British Bulldog by the scruff of the neck and house-trained it. In the context of the constitution her impact was no less significant.”

Full story

UK Human Rights Blog, 10th April 2013

Source: www.ukhumanrightsblog.com

Individuals’ consent ‘almost always’ required by firms when using personal data in big data projects centred on profiling, says watchdog – OUT-LAW.com

Posted April 10th, 2013 in consent, data protection, EC law, news, privacy by sally

“Organisations ‘almost always’ require individuals’ ‘free, specific, informed and unambiguous ‘opt-in’ consent’ in order to make use of personal data they have previously collected in ‘big data’ projects that involve analysing or predicting the ‘personal preferences, behaviour and attitudes of individual customers’, an EU privacy watchdog has said.”

Full story

OUT-LAW.com, 9th April 2013

Source: www.out-law.com

Britain seeks opt-out of new European social media privacy laws – The Guardian

Posted April 5th, 2013 in data protection, EC law, internet, news, privacy, regulations by sally

“‘Right to be forgotten’ laws, giving users – rather than services such as Facebook – control of personal data will save billions of euros and thickets of red tape. So why is Britain resisting?”

Full story

The Guardian, 4th April 2013

Source: www.guardian.co.uk

Enforcement of custody in the face of children’s dissent: should law prevail? – UK Human Rights Blog

Posted April 5th, 2013 in children, custody, EC law, enforcement, families, news by sally

“This complicated inter-jurisdictional battle between estranged parents is a stark illustration of how difficult it can be in these sorts of cases to apply the law in the fog of family warfare.”

Full story

UK Human Rights Blog, 4th April 2013

Source: www.ukhumanrightsblog.com

Google facing legal threat from six European countries over privacy – The Guardian

Posted April 3rd, 2013 in data protection, EC law, internet, news, privacy by sally

“Google could face fines from six European countries’ privacy regulators, including the UK and Germany, after refusing to reverse changes to its privacy policies made in March 2012.”

Full story

The Guardian, 2nd April 2013

Source: www.guardian.co.uk

Sheep snow deaths: Farmers could get law change – BBC News

Posted April 2nd, 2013 in agriculture, animals, burials and cremation, EC law, news by sally

“Laws that prevent farmers burying dead animals could be relaxed to help those struggling after hundreds of sheep died in the recent snow.”

Full story

BBC News, 2nd April 2013

Source: www.bbc.co.uk

Before the Flood? The 1996 Hague Convention in the English Courts – Family Law Week

Posted March 28th, 2013 in child abduction, EC law, news, parental responsibility, treaties by tracey

“Duncan Ranton, Solicitor and Consultant with Bishop & Sewell LLP, considers the impact of the 1996 Hague Convention and the first judgment in the English courts to consider the treaty.”

Full story

Family Law week, 27th March 2013

Source: www.familylawweek.co.uk

European court adjourns prisoner voting case – BBC News

Posted March 27th, 2013 in adjournment, EC law, elections, human rights, news, prisons by tracey

“Human rights judges have adjourned until September consideration of more than
2,300 legal cases against the UK over prisoner voting rights.”

Full story

BBC News, 26th March 2013

Source: www.bbc.co.uk

Salzburger Flughafen GmbH v Umweltsenat (Landesumweltanwaltschaft Salzburg and another intervening) – WLR Daily

Posted March 26th, 2013 in airports, appeals, EC law, environmental protection, law reports by sally

Salzburger Flughafen GmbH v Umweltsenat (Landesumweltanwaltschaft Salzburg and another intervening) (Case C-244/12); [2013] WLR (D) 115

“When a member state, pursuant to article 4(2)(b) of Council Directive 85/337/EEC, with regard to projects falling within the scope of the discretion under Annex II whether to carry out an environmental assessment (‘EA’), established a threshold which was incompatible with the obligations laid down in articles 2(1) and 4(3) of that directive, the provisions of articles 2(1) and 4(2)(a) and (3) of the directive had direct effect, which meant that the competent national authorities had to ensure that it was first examined whether the projects concerned were likely to have significant effects on the environment and, if so, that an assessment of those effects was then undertaken.”

WLR Daily, 21st March 2013

Source: www.iclr.co.uk

Regina (Nouazli) v Secretary of State for the Home Department – WLR Daily

Posted March 20th, 2013 in deportation, detention, EC law, families, immigration, law reports by tracey

Regina (Nouazli) v Secretary of State for the Home Department: [2013] EWHC 567 (Admin); [2013] WLR (D) 109

“The immigration detention of a third country national family member of an European Union national pending removal following a conviction from the host member state, pursuant to regulation 24(1) of the Immigration (European Economic Area) Regulations 2006, fell within the scope of EU law so as to afford the detained third country national protective rights under EU law. Regulation 24(1) was compatible with EU law, and detention thereunder pending a decision to deport not prohibited, provided the conditions in article 27(1) and (2) of the Parliament and Council Directive 2004/38/EC were satisfied.”

WLR Daily, 15th March 2013

Source: www.iclr.co.uk

MPs warn of £42.8m data protection shortfall – BBC News

Posted March 20th, 2013 in budgets, data protection, EC law, news by tracey

“England’s Information Commissioner’s Office could be facing a £42.8m shortfall
that may have to be paid for by the taxpayer, MPs has warned.”

Full story

BBC News, 20th March 2013

Source: www.bbc.co.uk

Leth v Republic of Austria – WLR Daily

Posted March 19th, 2013 in airports, compensation, EC law, environmental protection, housing, law reports by tracey

Leth v Republic of Austria: (Case C-420/11); [2013] WLR (D) 106

“The effect which a development project had on the value of material assets was not a factor that an assessor had to take into account under article 3 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended (OJ 1985 L175, p 40, OJ 1997 L73, p 5, OJ 2003 L156, p17) when undertaking an environmental impact assessment. However, pecuniary damage, in so far as it was the direct economic consequence of the environmental effects of a project, was covered by the objective of protection of the environment pursued by the Directive.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Privacy and data protection developments in 2013: Google, Facebook, Leveson and more – Panopticon

Posted March 15th, 2013 in data protection, EC law, enforcement, internet, news, penalties, privacy, regulations, reports by tracey

“Data protection law was designed to be a fundamental and concrete dimension of the individual’s right to privacy, the primary safeguard against misuse of personal information. Given those ambitions, it is surprisingly rarely litigated in the UK. It also attracts criticism as imposing burdensome bureaucracy but delivering little in the way of tangible protection in a digital age. Arguably then, data protection law has tended to punch below its weight. There are a number of reasons for this.”

Full story

Panopticon, 11th March 2013

Source: www.panopticonblog.com

Her Majesty’s Revenue and Customs (Appellant) v Aimia Coalition Loyalty UK Limited (formerly known as Loyalty Management UK Limited) (Respondent) – Supreme Court

Posted March 13th, 2013 in contracts, EC law, law reports, VAT by sally

Her Majesty’s Revenue and Customs (Appellant) v Aimia Coalition Loyalty UK Limited (formerly known as Loyalty Management UK Limited) (Respondent) [2013] UKSC 15 | UKSC 2009/0154 (YouTube)

Supreme Court, 13th March 2013

Source: www.youtube.com/user/UKSupremeCourt

ITV Broadcasting Ltd and others v TVCatchup Ltd – WLR Daily

Posted March 11th, 2013 in competition, copyright, EC law, internet, law reports by sally

ITV Broadcasting Ltd and others v TVCatchup Ltd (Case C-607/11); [2013] WLR (D) 92

“The concept of ‘communication to the public’, within the meaning of article 3(1) of Parliament and Council Directive 2001/29/EC covered a re-transmission of the works included in a terrestrial television broadcast where the re-transmission was made by an organisation other than the original broadcaster, by means of an Internet stream made available to subscribers of that other organisation who could receive that re-transmission by logging on to its server, even though those subscribers were within the area of reception of that terrestrial television broadcast and could lawfully receive the broadcast on a television receiver. It was irrelevant that a re-transmission was funded by advertising and was therefore of a profit-making nature and was by an organisation which was acting in direct competition with the original broadcaster.”

WLR Daily, 7th March 2013

Source: www.iclr.co.uk

Government failing to bring Britain in line with European rules on human trafficking, say charities – The Independent

Posted March 11th, 2013 in charities, children, compensation, EC law, guardianship, legal aid, news, trafficking in human beings, victims by sally

“The Government has failed to bring Britain in line with European laws on human trafficking, according to leading charities, who say victims of the crime are being left vulnerable to further abuse.”

Full story

The Independent, 10th March 2013

Source: www.independent.co.uk

Unauthorised TV live streaming breaches copyright, rules European court – The Guardian

“Websites that retransmit live TV over the internet without permission from broadcasters are in breach of copyright, Europe’s highest court has ruled in a judgment with wide ranging implications.”

Full story

The Guardian, 7th March 2013

Source: www.guardian.co.uk

Supreme court may force air pollution legislation – The Guardian

Posted March 7th, 2013 in EC law, environmental protection, news, pollution, Supreme Court by sally

“The supreme court could force the government to take steps to urgently reduce dangerous air pollution in many British cities to meet European limits, following a landmark hearing this week.”

Full story

The Guardian, 7th March 2013

Source: www.guardian.co.uk