EC law – Page 76 – Current Awareness

Kenny v Minister for Justice, Equality and Law Reform – WLR Daily

Posted March 4th, 2013 in EC law, equal pay, law reports, news, proportionality, sex discrimination by sally

Kenny v Minister for Justice, Equality and Law Reform (Case C-427/11); [2013] WLR (D) 87

“In the light of article 141 EC and Council Directive 75/117/EEC (relating to the application of the principle of equal pay for men and women meant, in relation to indirect pay discrimination), it was for the employer to establish objective justification for the difference in pay between workers who considered that they had been indirectly discriminated against and the comparators. The employer’s justification for the difference in pay had to relate to the comparators. The interests of good industrial relations might be taken into consideration by the national court as one factor among others in its assessment of whether differences between the pay of two groups of workers were due to objective factors unrelated to any discrimination on grounds of sex and are compatible with the principle of proportionality.”

WLR Daily, 28th February 2013

Source: www.iclr.co.uk

EMI Records Ltd and others v British Sky Broadcasting Ltd and others – WLR Daily

Posted March 4th, 2013 in artistic works, copyright, EC law, injunctions, internet, interpretation, jurisdiction, law reports by sally

EMI Records Ltd and others v British Sky Broadcasting Ltd and others [2013] EWHC 379 (Ch); [2013] WLR (D) 86

“The act of communication to the public for the purposes of article 3(1) of Parliament and Council Directive 2001/29/EC and section 20 of the Copyright, Designs and Patents Act 1988 occurred both where the communication originated and where it was received.”

WLR Daily, 28th February 2013

Source: www.iclr.co.uk

Joint Administrators of Heritable Bank plc v Winding Up Board of Landsbanki Islands Hf – WLR Daily

Posted March 4th, 2013 in administrators, appeals, EC law, insolvency, jurisdiction, law reports, Supreme Court, winding up by sally

Joint Administrators of Heritable Bank plc v Winding Up Board of Landsbanki Islands Hf [2013] UKSC 13; [2013] WLR (D) 85

“The decision of a court in another member state of the European Economic Area in relation to the insolvency of a credit institution in that state had effect in the United Kingdom in relation to any of that institution’s branches in the United Kingdom as if it were part of the general insolvency law of the United Kingdom. However the decision of that court did not have any effect on proceedings in an United Kingdom court dealing with the insolvency of an United Kingdom credit institution so that all the defences available under United Kingdom insolvency law could be invoked.”

WLR Daily, 27th February 2013

Source: www.iclr.co.uk

Melloni v Ministerio Fiscal – WLR Daily

Posted February 28th, 2013 in EC law, human rights, law reports, warrants by sally

Melloni v Ministerio Fiscal (Case C-399/11); [2013] WLR (D) 83

“Article 4a(1) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states (as amended by Council Framework Decision 2009/299/JHA of 26 February 2009) precluded the executing judicial authorities, in the circumstances specified in that provision, from making the execution of a European arrest warrant, issued for the purposes of executing a sentence, conditional upon the conviction rendered in absentia being open to review in the issuing member state. Article 4a(1) of Framework Decision 2002/584 was compatible with the requirements under articles 47 and 48(2) of the Charter of Fundamental Rights of the European Union. Article 53 of the Charter did not allow a member state to make the surrender of a person convicted in absentia conditional upon the conviction being open to review in the issuing member state, in order to avoid an adverse effect on the right to a fair trial and the rights of the defence guaranteed by its constitution.”

WLR Daily, 26th February 2013

Source: www.iclr.co.uk

Legal loophole allows banned mechanical meat in UK sausages – BBC News

Posted February 28th, 2013 in consumer protection, EC law, food, news by sally

“The BBC has learned that European meat suppliers are using a loophole in the law to sell a banned low quality material to UK sausage makers.”

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BBC News, 28th February 2013

Source: www.bbc.co.uk

Salgado González v Instituto Nacional de la Seguridad Social (INSS) and another – WLR Daily

Posted February 26th, 2013 in EC law, law reports, migrant workers, pensions, social services by sally

Salgado González v Instituto Nacional de la Seguridad Social (INSS) and another (Case C-282/11); [2013] WLR (D) 80

“Article 48FEU of the FEU Treaty and articles 3, 46(2)(a) and 47(1)(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (as amended), precluded legislation of a member state under which the theoretical amount of the retirement pension of a self-employed worker, migrant or non-migrant, was invariably calculated on contribution bases paid by that worker over a fixed reference period preceding the payment of his last contribution in that member state, to which a fixed divisor was applied, when it was impossible for either the duration of that period or the divisor to be adapted so as to take account of the fact that the worker concerned had exercised his right to freedom of movement.”

WLR Daily, 21st February 2013

Source: www.iclr.co.uk

N v Styrelsen for Videregående Uddannelser og Uddannelsesstøtt – WLR Daily

Posted February 26th, 2013 in EC law, education, freedom of movement, law reports, social security by sally

N v Styrelsen for Videregående Uddannelser og Uddannelsesstøtt (Case C-46/12); [2013] WLR (D) 77

“On the proper interpretation of articles 7(1) and 24(2) of Parliament and Council Directive 2004/38, a European Union citizen who pursued a course of study in a host member state whilst at the same time engaging in effective and genuine employment activities such as to confer on him the status of ‘worker’ within the meaning of article 45FEU of the FEU Treaty could not be refused maintenance aid for studies which was granted to the nationals of that member state.”

WLR Daily, 21st February 2013

Source: www.iclr.co.uk

Banif Plus Bank Zrt v Csipai and another – WLR Daily

Posted February 26th, 2013 in consumer protection, EC law, law reports, loans, unfair contract terms by sally

Banif Plus Bank Zrt v Csipai and another (Case C-472/11); [2013] WLR (D) 76

“A national court, in order to fulfil its obligation pursuant to articles 6(1) and 7(1) of Council Directive 93/13/EEC, to assess of its own motion whether a contractual term in a consumer contract was unfair and to establish all the consequences arising under national law of such a finding, was not obliged before giving its ruling to wait for a consumer, who had been fully informed of his rights, to submit a statement requesting that that term be declared invalid.”

WLR Daily, 21st February 2013

Source: www.iclr.co.uk

Cyber security – articulating the details – OUT-LAW.com

Posted February 26th, 2013 in banking, computer crime, data protection, EC law, financial regulation, news by sally

“Businesses and governments are continuing to wrestle with the question of what can and cannot be considered ‘adequate’ IT security in compliance with regulations including data protection laws.”

Full story

OUT-LAW.com, 25th February 2013

Source: www.out-law.com

Fédération Cynologique Internationale v Federación Canina Internacional de Perros de Pura Raza – WLR Daily

Posted February 25th, 2013 in EC law, law reports, trade marks by sally

Fédération Cynologique Internationale v Federación Canina Internacional de Perros de Pura Raza
(Case C-561/11); [2013] WLR (D) 75

The exclusive right of the proprietor of a Community trade mark conferred by article 9(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 to prohibit all third parties from using, in the course of trade, signs identical with or similar to its trade mark extended to a third-party proprietor of a later registered Community trade mark, without the need for that later mark to have previously been declared invalid.

WLR Daily, 21st February 2013

Source: www.iclr.co.uk

The Dynamic Do-over: The Advocate General’s opinion in Alemo-Herron – Employment Law Blog

Posted February 25th, 2013 in contracting out, EC law, employment, local government, news, remuneration, transfer of undertakings by sally

“What’s the point of the TUPE? Other than terrorising HR professionals and inspiring books as good as this one, that is? Its essential function is simple: to protect the employment and the terms and conditions of employees affected by a change in the ownership of the undertaking they work in or (for now at least) by a change in the identity of the provider of a service. The eye-popping complexity for which TUPE disputes are famous arises from trying to apply that simple principle to the messy business that is real life employment. The CJEU is presently pondering one example of the conceptual difficulties that can be thrown up in Alemo-Herron and others v Parkwood Leisure Limited C-426/11 and Advocate General Cruz Villalon has just delivered his opinion.”

Full story

Employment Law Blog, 22nd February 2013

Source: www.employment11kbw.com

VAT on takeover costs not recoverable by holding company, says Court of Appeal – OUT-LAW.com

Posted February 25th, 2013 in appeals, costs, EC law, news, takeovers, tribunals, VAT by sally

“VAT incurred by a holding company on a takeover was not recoverable, according to a recent Court of Appeal decision in a case concerning UK airport operator BAA.”

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OUT-LAW.com, 22nd February 2013

Source: www.out-law.com

NHS foreign doctors must speak English, say ministers – BBC News

Posted February 25th, 2013 in doctors, EC law, immigration, licensing, news, professional conduct by sally

“Foreign doctors wanting to treat NHS patients in England will have to prove they have the necessary English skills, the government has confirmed.”

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BBC News, 24th February 2013

Source: www.bbc.co.uk

Hyperlinking should not infringe copyright, say academics – OUT-LAW.com

Posted February 19th, 2013 in copyright, EC law, intellectual property, internet, news by sally

“Posting a link to copyrighted content should not be regarded as a communication of that work to the public, a group of leading academics has said.”

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OUT-LAW.com, 19th February 2013

Source: www.out-law.com

New patent law will help UK business – The Independent

Posted February 18th, 2013 in costs, EC law, news, patents, small businesses by sally

“British inventors and entrepreneurs will be able to save thousands of pounds in the cost of patenting their new ideas under rules to be agreed by Vince Cable this week.”

Full story

The Independent, 17th February 2013

Source: www.independent.co.uk

Subsidiaries as “branches” for undertakings: a new route to jurisdiction under Article 5(5) of the Brussels Regulation? – Competition Bulletin from Blackstone Chambers

Posted February 15th, 2013 in competition, conflict of laws, EC law, jurisdiction, news, subsidiary companies by sally

“Stand alone, follow on and hybrid damages claims arising out of multijurisdictional cartels are generating some of the most novel and interesting current problems in conflicts of laws, both in relation to issues of jurisdiction and applicable law. On the jurisdictional side conventional wisdom has it that there are three main routes by which Claimants can seize English jurisdiction.”

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Competition Bulletin from Blackstone Chambers, 14th February 2013

Source: www.competitionbulletin.com

Sensitivity of personal data should be determined by processing purpose and context not through categorisation, says ICO – OUT-LAW.com

Posted February 15th, 2013 in consent, data protection, EC law, news, regulations by sally

“The sensitivity of personal information should be determined by the reasons behind why the information is to be processed, the UK’s data protection watchdog has said.”

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OUT-LAW.com, 14th February 2013

Source: www.out-law.com

FSA conducting cyber security review of 30 major firms – OUT-LAW.com

Posted February 14th, 2013 in banking, computer crime, EC law, financial regulation, news by sally

“The Financial Services Authority (FSA) is assessing the cyber security plans of 30 major financial firms.”

Full story

OUT-LAW.com, 13th February 2013

Source: www.out-law.com

In the matter of Digital Satellite Warranty Cover Limited and another (Appellants) v Financial Services Authority (Respondent) – Supreme Court

Posted February 13th, 2013 in contracts, EC law, financial regulation, insurance, law reports, warranties by sally

In the matter of Digital Satellite Warranty Cover Limited and another (Appellants) v Financial Services Authority (Respondent) [2013] UKSC 7 | UKSC 2012/0003 (YouTube)

Supreme Court, 13th February 2013

Source: www.youtube.com/user/UKSupremeCourt

Protimonopolný úrad Slovenskej republiky v Slovenská sporiteľňa a.s. – WLR Daily

Posted February 11th, 2013 in competition, EC law, law reports by sally

Protimonopolný úrad Slovenskej republiky v Slovenská sporiteľňa a.s. (Case C-68/12); [2013] WLR (D) 52

“When assessing whether an agreement between several undertakings had the object of restricting competition within the meaning of article 101FEU of the FEU treaty, the fact that an institution, adversely affected by the agreement, had allegedly been operating illegally on the relevant market was of no relevance to that assessment.”

WLR Daily, 7th February 2013

Source: www.iclr.co.uk