Category: EC law

Oguz v Secretary of State for the Home Department (Centre for Advice on Individual Rights in Europe intervening) – WLR daily

Posted July 29th, 2011 in appeals, EC law, immigration, law reports, self-employment by tracey

Oguz v Secretary of State for the Home Department (Centre for Advice on Individual Rights in Europe intervening) C-186/10;  [2011] WLR (D)  259

“Article 41(1) of the Additional Protocol, signed on 23 November 1970 at Brussels and concluded, approved and confirmed on behalf of the Community by Council Regulation (EEC) No 2760/72 (OJ 1973 C 113 p17), had to be interpreted as meaning that it could be relied on by a Turkish national who, having leave to remain in a member state on condition that he did not engage in any business or profession, nevertheless entered into self-employment in breach of that condition and later applied to the national authorities for further leave to remain on the basis of the business which he had meanwhile established.”

WLR Daily, 21st July 2011

Source: www.iclr.co.uk

EU privacy watchdogs contradict UK position on cookie consent – OUT-LAW.com

Posted July 25th, 2011 in consent, data protection, EC law, internet, news by tracey

“EU data protection watchdogs have contradicted UK regulations on the use of cookies, advising the European Commission to specify that user consent must be obtained before cookies are used.”

Full story

OUT-LAW.com, 25th July 2011

Source: www.out-law.com

European Union Act 2011 – legislation.gov.uk

Posted July 20th, 2011 in EC law, legislation, treaties by tracey

European Union Act 2011 published

Full text of Act

Source: www.legislation.gov.uk

High Court asks ECJ if streaming service breaks copyright laws – OUT-LAW.com

Posted July 20th, 2011 in copyright, EC law, internet, media, news by tracey

“The UK High Court is to ask the European Court of Justice (ECJ) if streaming live TV programmes over the internet is an act subject to copyright laws after provisionally ruling that it is.”

Full story

OUT-LAW.com, 19th July 2011

Source: www.out-law.com

St Prix v Secretary of State for Work and Pensions – WLR Daily

Posted July 15th, 2011 in benefits, EC law, freedom of movement, law reports, news, pregnancy by tracey

St Prix v Secretary of State for Work and Pensions [2011] EWCA Civ 806;  [2011] WLR (D)  226

“A Union citizen who, when within the United Kingdom, ceased to work in circumstances other than those set out in paragraphs (a) to (d) of article 7(3) of the Citizenship Directive was not a ‘worker’ entitled to the relevant ‘right of residence’ for the purposes of article 7(1)(a) of the Directive; and pregnancy had deliberately been excluded from the conditions in which the status of worker was retained despite a cessation of work.”

WLR Daily, 13th July 2011

Source: www.iclr.co.uk

Online marketplaces liable for sellers’ infringement in ‘promoted’ sales, says ECJ – OUT-LAW.com

Posted July 12th, 2011 in EC law, internet, judgments, news, trade marks by tracey

“EBay and other online marketplaces will be liable for sellers’ trade mark infringements if they promote infringing sales or help sellers to ‘optimise’ their pages, the European Court of Justice (ECJ) has ruled.”

Full story

OUT-LAW.com, 12th July 2011

Source: www.out-law.com

Towards a European law? Australian Bar Association Conference – Berlin – speech by Lord Neuberger

Posted July 8th, 2011 in EC law, speeches by tracey

“Towards a European law? Australian Bar Association Conference – Berlin – Speech by Lord Neuberger of Abbotsbury, Master of the Rolls, 7th July 2011.”

Full speech

Judiciary of England and Wales, 7th July 2011

Source: www.judiciary.gov.uk

Vereniging van Educatieve en Wetenschappelijke Auteurs (VEWA) v Belgische Staat – WLR Daily

Posted July 6th, 2011 in copyright, EC law, fees, law reports, libraries by sally

Vereniging van Educatieve en Wetenschappelijke Auteurs (VEWA) v Belgische Staat (Case C-271/10); [2011] WLR (D) 216

“National legislation establishing a system under which the remuneration payable to authors in the event of public lending was calculated exclusively according to the number of borrowers registered with public establishments on the basis of a flat-rate amount fixed per borrower and per year was contrary to article 5(1) of Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (OJ 2006 L376, p28).”

WLR Daily, 30th June 2011

Source: www.iclr.co.uk

Government will implement ECJ insurance ruling, but only for new insurance contracts – OUT-LAW.com

Posted July 4th, 2011 in contracts, EC law, insurance, news, sex discrimination by sally

“The UK Government is to abide by a European ruling on the use of gender in insurance, although it says the judgment goes against common sense.”

Full story

OUT-LAW.com, 4th July 2011

Source: www.out-law.com

Gebr Weber GmbH v Wittmer Putz v Medianess Electronics GmbH – WLR Daily

Posted June 29th, 2011 in consumer protection, defective goods, EC law, law reports by sally

Gebr Weber GmbH v Wittmer Putz v Medianess Electronics GmbH Joined cases C-65/09 and C-87/09; [2011] WLR (D) 210

“Where consumer goods, installed in good faith by the consumer, were not in conformity with the contract under which the consumer had purchased and and were restored to conformity by way of replacement, the seller was obliged pursuant to article 3(2)(3) of Parliament and Council Directive 1999/44/EC either to remove the goods from where they had been installed and to install the replacement goods there or else to bear the costs of that removal and installation. The seller could not refuse to replace the defective goods on the ground that the costs were disproportionate but it could limit the payment to a proportionate amount.”

WLR Daily, 16th June 2011

Source: www.iclr.co.uk

Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen v Akdas and others – WLR Daily

Posted June 28th, 2011 in benefits, EC law, law reports, social security by sally

Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen v Akdas and others Case C-485/07; [2011] WLR (D) 209

“The first sub-paragraph of article 6(1) of the EEC-Turkey Association Council Decision 3/80 of 19 September 1980 on the application of the social security schemes of the member states of the European Communities to Turkish workers and members of their families (OJ 1983 C 110, p 60), which provided for the export of certain specified benefits, was directly effective. That provision precluded national legislation which withdrew the award of a benefit, such as the supplement to invalidity benefit, from former Turkish migrant workers when they had returned to Turkey after losing their right to remain in the host member state after becoming incapacitated in the that member state.”

WLR Daily, 26th May 2011

Source: www.iclr.co.uk

EU migration law changes rejected – The Independent

Posted June 27th, 2011 in asylum, EC law, news by sally

“Prime Minister David Cameron today (24 June) said he had seen off attempts to change European laws on migration which could have stopped the UK from sending asylum seekers back to other EU countries.”

Full story

The Independent, 24th June 2011

Source: www.independent.co.uk

“Justice in Times of Austerity” – speech by Commissioner Viviane Reding now available – The Bar Council

Posted June 23rd, 2011 in criminal justice, criminal procedure, dispute resolution, EC law, speeches by sally

“Vice-President of the European Commission and the first Commissioner for Justice, Fundamental Rights and Citizenship, Viviane Reding delivered the keynote address at a seminar on ‘Justice in Times of Austerity’, co-hosted by the Bar Council, the Criminal Bar Association, the Family Law Bar Association and the European Circuit of the Bar of England and Wales.”

Full story

The Bar Council, 22nd June 2011

Source: www.barcouncil.org.uk

The increasing world of regulation and compliance – Law Society’s Gazette

Posted June 23rd, 2011 in consultations, EC law, legislative drafting, news, regulations by sally

“In a secret location in the UK, there is a warehouse the size of a football pitch that climbs five storeys into the sky. Under its gargantuan roof are more than three million boxes and, in these boxes, are thousands and thousands of files and innumerable documents.”

Full story

Law Society’s Gazette, 23rd June 2011

Source: www.lawgazette.co.uk

Regina (Sinclair Collis Ltd and another) v Secretary of State for Health – WLR Daily

Posted June 22nd, 2011 in EC law, health, law reports, proportionality, sale of goods, smoking by sally

Regina (Sinclair Collis Ltd and another) v Secretary of State for Health [2011] EWCA Civ 437; [2011] WLR (D) 200

“The prohibition on the sale of tobacco from automatic vending machines was justified on the ground of the protection of public health, was proportionate and therefore did not violate EU law by its adverse effect on the business of the operators of vending machines and suppliers in other EU states.”

WLR Daily, 17th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Air passenger data plans in US-EU agreement are illegal, say lawyers – The Guardian

Posted June 21st, 2011 in airports, data protection, EC law, illegality, news by sally

“The European commission’s own lawyers have warned that a joint US-European agreement to store the personal data, including credit card details, of millions of transatlantic air passengers for 15 years is unlawful.”

Full story

The Guardian, 20th June 2011

Source: www.guardian.co.uk

Pfleiderer AG v Bundeskartellamt – WLR Daily

Posted June 20th, 2011 in competition, disclosure, EC law, evidence, law reports by sally

Pfleiderer AG v Bundeskartellamt (Case C-360/09); [2011] WLR (D) 196

“A person adversely affected by an infringement of European Union competition law was not precluded by the provisions of that law from being granted access to documents relating to the leniency procedure for the purposes of bringing a civil action for damages.”

WLR Daily, 14th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bloomsbury International Ltd and others v Department for Environment, Food and Rural Affairs (Sea Fish Industry Authority intervening) – WLR Daily

Posted June 17th, 2011 in EC law, fisheries, law reports, regulations, ultra vires by sally

Bloomsbury International Ltd and others v Department for Environment, Food and Rural Affairs (Sea Fish Industry Authority intervening) [2011] UKSC 25; [2011] WLR (D) 195

“The power conferred on the Sea Fish Industry Authority under the Fisheries Act 1981 to impose a levy in respect of sea fish and sea fish products landed in the United Kingdom extended to sea fish or parts of sea fish first brought to land outside the United Kingdom and only later imported into the United Kingdom. The levy so imposed, pursuant to the Sea Fish Industry Authority (Levy) Regulations 1995 Confirmatory Order 1996, constituted an internal tax under article 110FEU, not a charge having equivalent effect to customs duty contrary to articles 28FEU and 30FEU, and was accordingly lawful.”

WLR Daily, 15th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Animal testing consultation – Home Office

Posted June 14th, 2011 in animals, consultations, EC law, news, vivisection by sally

“The government is asking you to have your say on how EU rules on testing are introduced in the UK.”

Full story

Home Office, 13th June 2011

Source: www.homeoffice.gov.uk

Berliner Verkehrsbetriebe (BVG) v JP Morgan Chase Bank NA (Case C-144/10) – WLR Daily

Posted June 6th, 2011 in contracts, EC law, interpretation, jurisdiction, law reports, regulations by tracey

Berliner Verkehrsbetriebe (BVG) v JP Morgan Chase Bank NA (Case C-144/10);  [2011] WLR (D)  188

“The exclusive jurisdiction, conferred by article 22(2) of Council Regulation (EC) No 44/2001, on the courts of the member state in which a company had its seat, was confined to proceedings whose principal subject matter comprised the validity of the constitution, the nullity or the dissolution of the company, or the validity of the decisions of its organs. It did not apply to proceedings in which such an issue arose merely as a collateral question, for example where a company, sued by a bank to enforce a swap contract, sought to plead that the contract had been entered into invalidly in breach of the company’s own statutes.”

WLR Daily, 12th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.