Category: EC law

Football Dataco Ltd and others v Sportradar GmbH and others; Same v Stan James plc and others – WLR Daily

Posted February 11th, 2013 in appeals, copyright, data protection, database right, EC law, law reports, sport by sally

Football Dataco Ltd and others v Sportradar GmbH and others; Same v Stan James plc and others [2013] EWCA Civ 27; [2013] WLR (D) 48

“Pursuant to article 7 of Parliament and Council Directive 96/9/EC on the legal protection of databases, a sui generis database right subsisted in a database consisting of information gathered live at football matches as those matches proceeded. It was not the case that there could be no article 7 right unless there was investment in collecting together materials which had already been recorded.”

WLR Daily, 6th February 2013

Source: www.iclr.co.uk

Ministry of Justice (formerly Department of Constitutional Affairs) v O’Brien – WLR Daily

Posted February 11th, 2013 in EC law, judiciary, law reports, news, part-time work, pensions by sally

Ministry of Justice (formerly Department of Constitutional Affairs) v O’Brien [2013] UKSC 6; [2013] WLR (D) 47

“A part-time fee-paid judge was a worker under European Union law and had a right not to be treated in a less favourable manner than comparable full-time workers. The denial of retirement pensions to part-judges when full-time judges were granted pensions was less favourable treatment for which there was no objective justification. Accordingly, on the basic principle of remunerating part-time workers pro rata temporis, a recorder was entitled to a pension on terms equivalent to those applicable to a circuit judge.”

WLR Daily, 6th February 2013

Source: www.iclr.co.uk

Commission unveils plans for expanded cyber breach notification regime – OUT-LAW.com

Posted February 11th, 2013 in computer crime, consumer protection, data protection, EC law, internet, news by sally

“A range of businesses across the financial services, energy and technology sectors are among those that would be subject to new cyber security and breach notification rules under new legislative plans outlined by the European Commission.”

Full story

OUT-LAW.com, 8th February 2013

Source: www.out-law.com

A new European approach to business failure and insolvency – Hardwicke Chambers

Posted February 8th, 2013 in EC law, enforcement, insolvency, jurisdiction, news, regulations by sally

“In December 2012, alongside the new European Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters1, the European Commission released its proposal for a new Insolvency Regulation which is put forward to amend the current European Regulation on insolvency proceedings2 adopted on 29 May 2000.”

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Hardwicke Chambers, 1st February 2013

Source: www.hardwicke.co.uk

EU crime and justice measures of ‘real importance’ says Starmer – Law Society’s Gazette

Posted February 7th, 2013 in crime, EC law, international law, news, select committees, treaties, warrants by sally

“Failure to opt back in to EU criminal justice measures will hamper the UK’s ability to prosecute cross-border crime, making procedures ‘uncertain, cumbersome and fragmented’, the director of public prosecutions told peers today.”

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Law Society’s Gazette, 6th February 2013

Source: www.lawgazette.co.uk

O’Brien (Appellant) v Ministry of Justice (Formerly the Department for Constitutional Affairs) (Respondents) – Supreme Court

Posted February 6th, 2013 in appeals, EC law, employment tribunals, judiciary, law reports, part-time work, pensions, Supreme Court, time limits by sally

O’Brien (Appellant) v Ministry of Justice (Formerly the Department for Constitutional Affairs) (Respondents) [2013] UKSC 6 | UKSC 2012/0168 (YouTube)

Supreme Court, 6th February 2013

Source: www.youtube.com/user/UKSupremeCourt

Gambling firms start legal fund to fight government tax crackdown – The Independent

Posted February 6th, 2013 in EC law, gambling, internet, news, taxation by sally

“Gambling executives are planning to spend hundreds of thousands of pounds to keep open a tax loophole estimated to cost British taxpayers £250m a year.”

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The Independent, 5th February 2013

Source: www.independent.co.uk

D and another v Refugee Applications Commissioner (Ireland) and others – WLR Daily

Posted February 4th, 2013 in appeals, asylum, EC law, immigration, law reports by tracey

D and another v Refugee Applications Commissioner (Ireland) and others: (Case C-175/11);   [2013] WLR (D)  39

“Article 23(3) and (4) of Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in member states for granting and withdrawing refugee status (OJ 2005 L326, p 13) did not preclude a member state from examining by way of prioritised or accelerated procedure, in compliance with the basic principles and guarantees set out in Chapter II of that Directive, certain categories of asylum applications defined on the basis of the criterion of the nationality or country of origin of the applicant. Article 39 did not preclude national legislation which allowed an applicant for asylum either to lodge an appeal against the decision of the determining authority before a court or tribunal such as the Refugee Appeals Tribunal (Ireland), and to bring an appeal against the decision of that tribunal before a higher court such as the High Court (Ireland), or to contest the validity of that determining authority’s decision before the High Court, the judgments of which might be the subject of an appeal to the Supreme Court (Ireland).”

WLR Daily, 31st January 2013

Source: www.iclr.co.uk

Hargreaves supportive of Government copyright reforms but questions limitations to private copying exception – OUT-LAW.com

Posted February 4th, 2013 in copyright, EC law, intellectual property, news by tracey

“The academic who led the most recent official review into the UK’s intellectual
property (IP) framework has questioned whether the Government’s plans to enable
individuals to make private copies of copyrighted material go far enough.”

Full story

OUT-LAW.com, 1st February 2013

Source: www.out-law.com

Wolkowicz and others v Polish Judicial Authority and another – WLR Daily

Posted February 1st, 2013 in adjournment, appeals, EC law, extradition, law reports, mental health by tracey

Wolkowicz and others v Polish Judicial Authority and another: [2013] EWHC 102 (Admin);  [2013] WLR (D)  36

“Although section 25 of the Extradition Act 2003 should be interpreted, wherever possible, to achieve the results sought by article 23(4) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant, it nevertheless gave express power to discharge and was not limited to a temporary postponement save in exceptional cases.”

WLR Daily, 30th January 2013

Source: www.iclr.co.uk

EU Court annuls EU freezing orders on Iranian bank – and Wikileaks again – UK Human Rights Blog

Posted January 31st, 2013 in appeals, banking, EC law, news by sally

“In October 2009, Bank Mellat, an Iranian bank, was effectively excluded from the UK financial market by an Order made by the Treasury, on the basis that it had or might provide banking services to those involved in Iran’s nuclear effort. The Bank challenged the Order, and the challenge failed in the Court of Appeal, albeit with a dissent from Elias LJ: see Rosalind English’s post and read judgment. The Bank’s appeal to the Supreme Court is due to be heard in March 2013; it raises some fascinating issues about common law unfairness, Article 6, and the right to property under A1P1 , given that the Bank was not told of the intention to make the Order prior to its making.”

Full story

UK Human Rights Blog, 30th January 2013

Source: www.ukhumanrightsblog.com

Radu (Case C-396/11) – WLR Daily

Posted January 31st, 2013 in EC law, extradition, law reports, trials, warrants by sally

Radu (Case C-396/11); [2013] WLR (D) 28

“According to the provisions 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, the executing judicial authorities of a member state could not avoid their duty pursuant to article 1(2) of the Framework Decision to execute a European arrest warrant issued for the purposes of conducting a criminal prosecution, on the ground that the requested person had not been heard in the issuing member state before that arrest warrant was issued.”

WLR Daily, 29th January 2013

Source: www.iclr.co.uk

Google, Facebook and Twitter may ‘face EU defamation and privacy cases’ – The Guardian

Posted January 24th, 2013 in defamation, EC law, internet, news, privacy by sally

“Google, Facebook and Twitter’s decision to establish their European bases in Dublin has opened the internet giants up to EU defamation and privacy laws like never before, a libel lawyer has warned.”

Full story

The Guardian, 24th January 2013

Source: www.guardian.co.uk

European Commission v Tomkins plc – WLR Daily

Posted January 24th, 2013 in company law, competition, EC law, law reports, subsidiary companies by sally

European Commission v Tomkins plc (Case C-286/11P); [2013] WLR (D) 17

“Where the liability of a parent company was derived exclusively from that of its subsidiary and where the parent and its subsidiary had brought parallel applications having the ‘same object’, the Court was entitled, without infringing the ne ultra petita principle—that European Union courts could not rule on aspects concerning addressees other than those covered by the applicant’s application—to take account of the outcome of the action brought by the subsidiary and to annul the action brought by the parent on that basis, despite the fact that the scope of the applications and arguments presented in each application were different.”

WLR Daily, 22nd January 2013

Source: www.iclr.co.uk

Lloyds TSB Foundation for Scotland (Respondent) v. Lloyds Banking Group Plc (Appellant) (Scotland) – Supreme Court

Posted January 23rd, 2013 in accounts, charities, EC law, law reports, Scotland, takeovers by sally

Lloyds TSB Foundation for Scotland (Respondent) v. Lloyds Banking Group Plc (Appellant) (Scotland) [2013] UKSC 3 | UKSC 2012/0042 (YouTube)

Supreme Court, 23rd January 2013

Source: www.youtube.com/user/UKSupremeCourt

The polluted air that we breathe: Supreme Court to hear case – UK Human Rights Blog

Posted January 16th, 2013 in EC law, environmental protection, news, pollution by sally

“Back in the late spring, it seemed as if ClientEarth’s claim against Defra in respect of air pollution had run into the buffers. It had been refused by the Court of Appeal, in reasons given extempore: see my earlier post before Bailii received the judgment. Not many such refused cases make it to the Supreme Court, but this one has.”

Full story

UK Human Rights Blog, 15th January 2013

Source: www.ukhumanrightsblog.com

Anyone for another round? The Court of Appeal’s nuanced approach to the duty of “sincere cooperation” – Competition Bulletin from Blackstone Chambers

Posted January 16th, 2013 in competition, EC law, mergers, news, treaties by sally

“The duty of ‘sincere cooperation’ set out in Article 4(3) TEU requires Member States to take appropriate measures to ‘ensure fulfillment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union’ as well as to ‘refrain from any measure which could jeopardise the attainment of the Union’s objectives’. When and in what way are Member State authorities required to act – or desist from acting – in order to comply with this duty?”

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Competition Bulletin from Blackstone Chambers, 16th January 2013

Source: www.competitionbulletin.com

Dr Reddy’s Laboratories (UK) Ltd v Warner-Lambert Company LLC – WLR Daily

Posted January 11th, 2013 in EC law, law reports, patents by tracey

Dr Reddy’s Laboratories (UK) Ltd v Warner-Lambert Company LLC: [2012] EWHC 3715 (Pat); [2013] WLR (D) 8

“Article 16(1) of Parliament and Council Regulation (EC) No 469/2009 gave a discretion to the national body (in the United Kingdom, the court) to revoke an extension to a supplementary protection certificate on the basis set out therein, but not an obligation to do so. The fact that the results of a particular study would not be available by the completion date of a paediatric investigation plan made pursuant to Parliament and Council Regulation (EC) No 1901/2006 did not render the plan unlawful and did not deprive the applicant of its right to the ‘reward’ of a paediatric extension under article 36 of that Regulation. article 45(3) of Regulation (EC) 1901/2006 was not of general application and did not apply when all the studies included in a paediatric investigation plan were initiated after that Regulation came into force.”

WLR Daily, 20th December 2012

Source: www.iclr.co.uk

WH Newson Holding Ltd and others v IMI plc and others – WLR Daily

Posted January 11th, 2013 in competition, EC law, jurisdiction, law reports, tribunals, unlawful means conspiracy by tracey

WH Newson Holding Ltd and others v IMI plc and others: [2012] EWHC 3680 (Ch); [2013] WLR (D) 5

“There was nothing to suggest that section 47A of the Competition Act 1998 was limited to the particular cause of action of a claim for breach of statutory duty. A claim brought under section 47A had to be in respect of the loss or damage suffered as a result of the infringement of competition law. The section would not generally permit claims to be brought in the Competition Appeal Tribunal for conduct that was distinct from the infringement, even when the infringement was an element that had to be established to complete the cause of action. The determining criterion was the factual nature of the claim, not the cause of action with which it was clothed.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

Government consults on extending producers and performers’ rights in sound recordings – OUT-LAW.com

Posted January 9th, 2013 in consultations, contracts, copyright, EC law, interpretation, news by sally

“The Government is consulting on new laws which would extend producers’ and performers’ rights in sound recordings from 50 to 70 years.”

Full story

OUT-LAW.com, 9th January 2013

Source: www.out-law.com