Category: EC law

Fra.bo SpA v Deutsche Vereinigung des Gas-und Wasserfaches eV (DVGW) – Technisch – Wissenschaftlicher Verein – WLR Daily

Posted July 16th, 2012 in EC law, freedom of movement, law reports, public interest, sale of goods by sally

Fra.bo SpA v Deutsche Vereinigung des Gas-und Wasserfaches eV (DVGW) – Technisch – Wissenschaftlicher Verein (Case C-171/11); [2012] WLR (D) 203

“Article 28EC of the EC Treaty on the free movement of goods, applied to standardisation and certification activities of a private law body, where the products certified by that body were considered by national legislation to be compliant with national law and where that restricted the marketing of products which were not certified by that body.”

WLR Daily, 12th July 2012

Source: www.iclr.co.uk

Compass-Datenbank GmbH v Republik Österreich – WLR Daily

Posted July 16th, 2012 in competition, EC law, law reports by sally

Compass-Datenbank GmbH v Republik Österreich (Case C-138/11); [2012] WLR (D) 202

“A public authority which, as part of its activities, stored, in a database, data which undertakings were obliged to report on the basis of statutory obligations, and which permitted interested persons to search for that data and/or provided them with print-outs thereof did not carry out an ‘economic activity’ and could not therefore be regarded, in the course of that activity, as an “undertaking” within the meaning of article 102FEU of the FEU Treaty.”

WLR Daily, 12th July 2012

Source: www.iclr.co.uk

UK Border Agency slams decision on child rapist deportation – The Independent

Posted July 16th, 2012 in appeals, asylum, child abuse, deportation, EC law, human rights, news, rape by sally

“The UK Border Agency has reacted with fury to a court ruling allowing a Sudanese asylum seeker who raped a 12-year-old girl to remain in Britain.”

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The Independent, 15th July 2012

Source: www.independent.co.uk

Court to force clean up of UK’s air pollution – The Independent

Posted July 16th, 2012 in EC law, environmental health, government departments, news, pollution by sally

“The Government faces a Supreme Court action this week demanding that it slash air pollution levels by 2015. Lawyers acting for the environmental charity ClientEarth are making a legal challenge to force the coalition to cut levels of lethal nitrogen dioxide (NO2) to within European Commission limits.”

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The Independent, 15th July 2012

Source: www.independent.co.uk

UK accused of dithering over prisoners’ voting rights – The Guardian

Posted July 16th, 2012 in EC law, elections, human rights, interpretation, news, prisons by sally

“The government has ‘painted itself into a corner’ over its refusal to grant prisoners’ voting rights, according to Europe’s most senior human rights official.”

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The Guardian, 15th July 2012

Source: www.guardian.co.uk

Changes to the family migration Immigration Rules come into effect on 9 July 2012 – UK Border Agency

Posted July 9th, 2012 in EC law, families, human rights, immigration, news, regulations, remuneration by sally

“A number of changes to the Immigration Rules come into effect on 9 July 2012. These changes will affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route.”

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UK Border Agency, 9th July 2012

Source: www.ukba.homeoffice.gov.uk

Content Services Ltd v Bundesarbeitskammer – WLR Daily

Posted July 9th, 2012 in consumer protection, contracts, EC law, internet, law reports by sally

Content Services Ltd v Bundesarbeitskammer (Case C-49/11); [2012] WLR (D) 195

“Article 5(1) of Parliament and Council Directive 97/7/EC of 20 May 1997 on the protection of consumers in respect of distance contracts meant that a business practice which made the information referred to in that provision accessible to the consumer only via a hyperlink on a website did not meet the requirements of the Directive, since that information was neither ‘given’ by that undertaking nor ‘received’ by the consumer and was not a ‘durable medium’.”

WLR Daily, 5th July 2012

Source: www.iclr.co.uk

Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA) and others – WLR Daily

Posted July 9th, 2012 in EC law, law reports, sick leave, working time by sally

Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA) and others (Case C-78/11); [2012] WLR (D) 194

“Article 7(1) of Parliament and Council Directive 2003/88/EC concerning certain aspects of the organisation of working time precluded national provisions under which a worker who became unfit for work during a period of paid annual leave was not entitled subsequently to the paid annual leave which coincided with the period of unfitness for work.”

WLR Daily, 21st June 2012

Source: www.iclr.co.uk

Courts should take note of Strasbourg’s doctrine of deference – UK Human Rights Blog

Posted July 9th, 2012 in courts, EC law, human rights, judicial review, news, prisons, remuneration, sex discrimination by sally

“This case about prisoner’s pay provides an interesting up to date analysis of the role of the doctrine of ‘margin of appreciation’ and its applicability in domestic courts.”

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UK Human Rights Blog, 6th July 2012

Source: www.ukhumanrightsblog.com

Usedsoft GmbH v Oracle International Corp – WLR Daily

Posted July 5th, 2012 in computer programs, copyright, EC law, law reports, licensing by sally

Usedsoft GmbH v Oracle International Corp (Case C-128/11); [2012] WLR (D) 192

“Article 4(2) of Parliament and Council Directive 2009/24/EC meant that the right of distribution of a copy of a computer program was exhausted if the copyright holder who had authorised, even free of charge, the downloading of that copy from the Internet onto a data carrier had also conferred, in return for payment of a fee intended to enable him to obtain a remuneration corresponding to the economic value of the copy of the work of which he was the proprietor, a right to use that copy for an unlimited period. In the event of the resale of a user licence, the second acquirer of the licence, as well as any subsequent acquirer of it, was able to rely on the exhaustion of the distribution right under article 4(2), and hence be regarded as lawful acquirers of a copy of a computer program within the meaning of article 5(1) and benefit from the right of reproduction provided for in that provision.”

WLR Daily, 3rd July 2012

Source: www.iclr.co.uk

Acta down, but not out, as Europe votes against controversial treaty – The Guardian

Posted July 5th, 2012 in copyright, EC law, internet, news, treaties by sally

“Anti-piracy agreement rejected by European Parliament, but Acta could be revived by European Commission.”

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The Guardian, 4th July 2012

Source: www.guardian.co.uk

Unified Patent Court split between Paris, London and Munich – The Guardian

Posted July 4th, 2012 in courts, EC law, news, patent attorneys, patents by sally

“After years of wrangling, European Council announces where EU-wide patent applications will be heard.”

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The Guardian, 3rd July 2012

Source: www.guardian.co.uk

In re Itau BBA International Ltd – WLR Daily

Posted July 2nd, 2012 in EC law, law reports, mergers by sally

In re Itau BBA International Ltd [2012] EWHC 1783 (Ch); [2012] WLR (D) 187

“The definition of ‘existing transferee company’ in regulation 3(1) of the Companies (Cross-Border Mergers) Regulations 2007 was intended to do no more than to exclude from merger by absorption a transferee company formed for the purposes of, or in connection with, a merger by formation of a new company.”

WLR Daily, 28th June 2012

Source: www.iclr.co.uk

London could be given ‘specialist’ infringement and validity cases under proposed unitary patent court system – OUT-LAW.com

Posted June 28th, 2012 in courts, EC law, news, patents by sally

“EU leaders could agree to divide responsibilities for providing main judicial oversight of a new unitary patent system between courts in the UK, France and Germany.”

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OUT-LAW.com, 28th June 2012

Source: www.out-law.com

Interests of children should not prevent extradition for serious offences – UK Human Rights Blog

Posted June 25th, 2012 in appeals, children, EC law, extradition, human rights, news, warrants by sally

“These appeals concern requests for extradition in the form of European Arrest Warrants (EAWs) issued, in the joined cases of HH and PH, by the Italian courts, and in the case of FK, a Polish court. The issue in all three was whether extradition would be incompatible with the rights of the appellants’ children to respect for private and family life under Article 8 of the ECHR.”

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UK Human Rights Blog, 21st June 2012

Source: www.ukhumanrightsblog.com

Chartered Institute of Patent Attorneys v Registrar of Trade Marks – WLR Daily

Posted June 22nd, 2012 in EC law, law reports, patents by tracey

Chartered Institute of Patent Attorneys v Registrar of Trade Marks: Case C-307/10; [2012] WLR (D) 180

“It was a requirement of Parliament and Council Directive 2008/95/EC on trade marks that the goods and services for which the protection of the trade mark was sought should be identified by the applicant with sufficient clarity and precision to enable the competent authorities and economic operators, on that basis alone, to determine the extent of the protection conferred by the trade mark.”

WLR Daily, 19th June 2012

Source: www.iclr.co.uk

UK in EU legal stink over garlic from China – BBC News

Posted June 22nd, 2012 in customs and excise, EC law, food, news by tracey

“Britain is being taken to court by the European Commission in a battle over a £15m unpaid tax bill on imports of Chinese garlic.”

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BBC News, 21st June 2012

Source: www.bbc.co.uk

Staff who fall ill on holiday entitled to further paid leave, court rules – The Guardian

Posted June 22nd, 2012 in EC law, holiday pay, news, sick leave by tracey

“Workers who fall sick during their annual leave are entitled to take corresponding paid leave at a later date, following a ruling made today by the European court of justice.”

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The Guardian, 21st June 2012

Source: www.guardian.co.uk

Publishing names of individuals in breach of proposed new financial services laws may break data protection laws, EU watchdog says – OUT-LAW.com

Posted June 21st, 2012 in data protection, EC law, financial regulation, news by sally

“Financial services regulators may breach data protection laws if they are forced to publish the details of individuals who breach proposed new EU rules affecting credit institutions, a privacy watchdog has said.”

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OUT-LAW.com, 21st June 2012

Source: www.out-law.com

Auto 24 SARL v Jaguar Land Rover France SAS – WLR Daily

Posted June 18th, 2012 in competition, EC law, law reports by sally

Auto 24 SARL v Jaguar Land Rover France SAS (Case C-158/11); [2012] WLR (D) 175

“It had to be possible to verify the precise content of ‘specified criteria’ upon which a quantitative selective distribution system in the motor vehicle sector was granted pursuant to article 1(1)(f) of Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector (OJ 2002 L203, p 30).”

WLR Daily, 14th June 2012

Source: www.iclr.co.uk