Category: EC law

Regina (Kadri) v Birmingham City Council; Regina (MA) v Same; JS (Afghanistan) v Same; YK (Afghanistan) v Same – WLR Daily

Posted November 13th, 2012 in appeals, asylum, children, EC law, law reports, local government by sally

Regina (Kadri) v Birmingham City Council; Regina (MA) v Same; JS (Afghanistan) v Same; YK (Afghanistan) v Same [2012] EWCA Civ 1432; [2012] WLR (D) 316

“Where an unaccompanied young person claimed asylum in the United Kingdom and applied to a local authority for the provision of services as a child in need under section 20 of the Children Act 1989, to determine whether that claimant was a child separate assessments were required for immigration purposes and for services from a local authority. The local authority was not bound by the finding of the Home Secretary as to the age of the claimant either under domestic or EU law.”

WLR Daily, 7th November 2012

Source: www.iclr.co.uk

Iida v Stadt Ulm – WLR Daily

Posted November 13th, 2012 in citizenship, EC law, human rights, immigration, law reports, parental rights by sally

Iida v Stadt Ulm (Case C-40/11); [2012] WLR (D) 315

“A third-country national could only derive a right of residence from a European Union citizen in those instances provided for in Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states (OJ 2004 L158, p 77), unless there was another connection with European Union provisions on citizenship.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

Database supported by UK servers means High Court can rule over alleged claims of infringement, says judge – OUT-LAW.com

Posted November 13th, 2012 in copyright, database right, EC law, jurisdiction, news by sally

“The High Court will determine whether a Dutch company, its managing director and two employees are liable for infringements of database rights and copyright as well as a breach of confidence after rejecting claims that the case should be heard in the Dutch courts.”

Full story

OUT-LAW.com, 12th November 2012

Source: www.out-law.com

Gülbahce v Freie und Hansestadt Hamburg – WLR Daily

Posted November 12th, 2012 in cohabitation, EC law, law reports, migrant workers, retrospectivity by sally

Gülbahce v Freie und Hansestadt Hamburg (Case C-268/11); [2012] WLR (D) 313

“The first indent of article 6(1) of Decision No 1/80 of the EEC-Turkey Association Council precluded the competent national authorities from withdrawing the residence permit of a Turkish worker with retroactive effect from the point in time at which there was no longer compliance with the ground on the basis of which his residence permit had been issued under national law if there was no question of fraudulent conduct on the part of that worker and that withdrawal occurred after the completion of the period of one year of legal employment provided for in the first indent of article 6(1).”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

K v Bundesasylamt – WLR daily

Posted November 9th, 2012 in asylum, EC law, families, immigration, law reports by tracey

K v Bundesasylamt: Case C-245/11;   [2012] WLR (D)  309

“On the proper construction of article 15(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), a member state which was not responsible for examining an application for asylum pursuant to the criteria laid down in Chapter III of the Regulation became so responsible where there were humanitarian grounds for the application. In those circumstances, it was for the member state which had become the responsible member state to assume the obligations which went along with that responsibility and inform the member state previously responsible.”

WLR Daily, 6th November 2012

Source: www.iclr.co.uk

Flip Flopping: Telefonica UK v Office of Communications – Competition Bulletin from Blackstone Chambers

Posted November 9th, 2012 in competition, EC law, news, telecommunications by tracey

“What should Ofcom do when mobile network operators (‘MNOs’) spot a loophole in the regulator’s price control mechanism and proceed to ‘game’ the system over several years, increasing their revenues by many millions of pounds?”

Full story

Competition Bulletin from Blackstone Chambers, 6th November 2012

Source: www.competitionbulletin.com

Why we allow dissent – by our judges – Legal Week

Posted November 2nd, 2012 in EC law, freedom of expression, judiciary, news by sally

“Why do judges disagree and publish their disagreements when cases get decided? After all, the Cabinet does not do so (openly at least), and our FTSE 100 companies do not generally do so, when their executives propose a merger or launch a new product. Surely, judicial dissent is a recipe for diminishing the authority of the majority answer, and an invitation to self-indulgence on the part of the minority to re-fight lost and irrelevant battles.”

Full story

Legal Week, 1st November 2012

Source: www.legalweek.com

Supreme Court judgment: Prix v Work and Pensions Secretary – Head of Legal

Posted October 31st, 2012 in appeals, benefits, citizenship, EC law, freedom of movement, news, sex discrimination by sally

“In what amounts to a defeat for the government, the Supreme Court has decided in this case to refer to the European Court of Justice questions on the interpretation of the EU Citizenship Directive, 2004/38.”

Full story

Head of Legal, 31st October 2012

Source: www.headoflegal.com

Regina (Preston) v Wandsworth London Borough Council and another – WLR Daily

Posted October 30th, 2012 in EC law, elections, freedom of movement, law reports, time limits by sally

Regina (Preston) v Wandsworth London Borough Council and another [2012] EWCA Civ 1378 ; [2012] WLR (D) 295

“A British citizen who had not been resident in the United Kingdom for over 15 years could not vote in the United Kingdom parliamentary election within the meaning of section 1(3) of the Representation of the People Act 1985, as amended. The statutory rule disenfranchising a citizen who had not resided in the UK for 15 years (‘the 15 year rule’) did not infringe the freedom of European Union citizens to move to other member states of the union.”

WLR Daily, 25th October 2012

Source: www.iclr.co.uk

Nelson and others v Deutsche Lufthansa AG Regina (TUI Travel plc and others) v Civil Aviation Authority (Joined Cases C-581/10–C-629/10) – WLR Daily

Posted October 29th, 2012 in aircraft, carriage by air, compensation, delay, EC law, international law, law reports by sally

Nelson and others v Deutsche Lufthansa AG Regina (TUI Travel plc and others) v Civil Aviation Authority (Joined Cases C-581/10–C-629/10); [2012] WLR (D) 293

“Passengers whose flights were delayed were entitled, under certain circumstances, to compensation pursuant to article 5 to 7 of Parliament and Council Regulation (EC) No 261/2004 of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.”

WLR Daily, 23rd October 2012

Source: www.iclr.co.uk

Folien Fischer AG and another v Ritrama SpA (Case C-133/11) – WLR Daily

Posted October 29th, 2012 in competition, conflict of laws, EC law, jurisdiction, law reports by sally

Folien Fischer AG and another v Ritrama SpA (Case C-133/11); [2012] WLR (D) 292

“An action for a negative declaration seeking to establish the absence of liability in tort, delict, or quasi-delict fell within the scope of article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p 1).”

WLR Daily, 25th October 2012

Source: www.iclr.co.uk

Rintisch v Eder – WLR Daily

Posted October 26th, 2012 in EC law, food, law reports, trade marks by tracey

Rintisch v Eder: C-553/11;   [2012] WLR (D)  289

“Article 10(2)(a) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the member states relating to trade marks meant that the proprietor of a registered trade mark was not precluded from relying, in order to establish use of the trade mark for the purposes of that provision, on the fact that it was used in a form which differed from the form in which it was registered, without the differences between the two forms altering the distinctive character of that trade mark, even though that different form was itself registered as a trade mark. The article precluded an interpretation of a national provision intended to transpose it into domestic law whereby article 10(2)(a) did not apply to a ‘defensive’ trade mark which was registered only in order to secure or expand the protection of another registered trade mark that is registered in the form in which it was used.”

WLR Daily, 25th October 2012

Source: www.iclr.co.uk

Government of the United States of America v Nolan (Case C-583/10) – WLR Daily

Posted October 23rd, 2012 in armed forces, EC law, jurisdiction, law reports, recusal, redundancy by sally

Government of the United States of America v Nolan (Case C-583/10); [2012] WLR (D) 280

“Since civilian employees at a military base were covered by the exemption from the provisions of Council Directive 98/59/EC provided by article 1(2)(b), the Court of Justice of the European Union did not have jurisdiction, on a reference in proceedings concerning dismissals resulting from a strategic decision concerning the closure of a military base, to give an interpretation of the provisions of that Directove, even though domestic law implemented it.”

WLR Daily, 18th October 2012

Source: www.iclr.co.uk

Valenza v Autorità Garante della Concorrenza e del Mercato (Joined Cases C-302/11–C-305/11) – WLR Daily

Posted October 22nd, 2012 in EC law, fixed-term contracts, law reports by sally

Valenza v Autorità Garante della Concorrenza e del Mercato (Joined Cases C-302/11–C-305/11); [2012] WLR (D) 278

“Clause 4 of the framework agreement on fixed-term work concluded on 18 March 1999, annexed to Council Directive 1999/70/EC, precluded national legislation which completely prohibited periods of service completed by a fixed term worker for a public authority being taken into account in order to determine the length of service of that worker upon his recruitment on a permanent basis by that same authority as a career civil servant under a stabilisation procedure specific to his employment relationship, unless that prohibition was justified on ‘objective grounds’ for the purposes of clause 4(1) and/or (4). The mere fact that the fixed term worker completed those periods of service on the basis of a fixed term employment contract or relationship did not constitute such an objective ground.”

WLR Daily, 18th October 2012

Source: www.iclr.co.uk

British Airways plc v Williams and others – WLR Daily

Posted October 19th, 2012 in airlines, EC law, holiday pay, law reports, remuneration, working time by sally

British Airways plc v Williams and others [2012] UKSC 43; [2012] WLR (D) 277

“Where a group of airline pilots’ claimed that their paid annual leave (as required by a European Aviation Directive) should include their regular supplementary allowances as well as their basic pay and, on a reference by the Supreme Court, the Court of Justice of the European Union had interpreted the Directive as requiring pay for annual leave to correspond to normal remuneration, assessed as being the average over a representative period of all remuneration save that intended exclusively to cover costs, the absence of a detailed domestic legislative scheme implementing the Directive’s requirements as to paid annual leave did not preclude an employment tribunal from making such an assessment.”

WLR Daily, 17th October 2012

Source: www.iclr.co.uk

The revolving door of EU criminal justice – UK Human Rights Blog

Posted October 19th, 2012 in criminal justice, EC law, news, veto, warrants by sally

“There has been much in the press recently about the UK Government being minded to opt out, and/or in, of EU criminal justice measures. The implications of this decision will be significant to the UK’s ability to investigate and prosecute crime. So what does it all mean?”

Full story

UK Human Rights Blog, 18th October 2012

Source: www.ukhumanrightsblog.com

Costly ‘prizes’ firms breach EU law, judges rule – The Independent

Posted October 18th, 2012 in consumer protection, EC law, news, unfair commercial practices by sally

“Companies tantalising consumers with ‘prizes’ which then cost money to claim or use are breaching EU law, judges ruled today.”

Full story

The Independent, 18th October 2012

Source: www.independent.co.uk

Statement by Home Secretary on extradition – Home Office

Posted October 17th, 2012 in EC law, extradition, health, human rights, jurisdiction, speeches, warrants by tracey

“Statement by Home Secretary Theresa May on extradition made on 16 October 2012.”

Full statement

Home Office, 16th October 2012

Source: www.homeoffice.gov.uk

Home Secretary Oral Statement on European Justice and Home Affairs powers – Home Office

Posted October 16th, 2012 in criminal justice, EC law, police, speeches, treaties by tracey

“Oral statement delivered on Monday 15 October 2012.”

Full statement

Home Office, 15th October 2012

Source: www.homeoffice.gov.uk

Criminal law opt-out – our justice system deserves better – Halsbury’s Law Exchange

Posted October 15th, 2012 in criminal justice, EC law, jurisdiction, news, veto, victims, warrants by tracey

“Recently there has been concern in the legal world and media about the potential loss of EU criminal justice and judicial cooperation measures which are incorporated into English law.”

Full story

Halsbury’s Law Exchange, 12th October 2012

Source: www.halsburyslawexchange.co.uk