“New European data protection law proposals risk compromising freedoms and security, UK Justice Secretary Ken Clarke has said. He said that he opposed a ‘one size fits all’ approach to European data protection law.”
Full story
OUT-LAW.com, 31st May 2011
Source: www.out-law.com
Konsumentombudsmannen v Ving Sverige AB (Case C-122/10); [2011] WLR (D) 181
“A commercial communication constituted an ‘invitation to purchase’ within the meaning of article 2(i) of Parliament and Council Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market, as soon as the information on the product and its price were sufficient for the consumer to be able to make a transactional decision. Information on price could be sufficient for those purposes where it contained an entry-level price and information on the product’s characteristics could be contained in a verbal or visual reference. It was sufficient for the purposes of providing the material information for an invitation to purchase required pursuant to article 7(4)(a) of the Directive for only certain of the product’s main characteristics to be given in that invitation and for the trader to refer in addition to its website, provided the essential information was on that website. Whether or not a reference to an entry-level price was misleading for the purposes of article 7(4)(c) was for the national court to ascertain in the circumstances of the case.”
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.
“Telecoms firms BT and Talk Talk are to appeal against a High Court ruling on the controversial Digital Economy Act.”
BBC News, 27th May 2011
Source: www.bbc.co.uk
“A member state could rely on the expiry of a reasonable limitation period as a defence in legal proceedings brought by an individual seeking compensation for the member state’s failure to implement a Directive correctly provided the member state was not responsible for the delay in the claimant’s ability to bring the action.”
WLR Daily, 19th 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.
FKI Engineering Ltd and another v Stribog Ltd [2011] EWCA Civ 622; [2011] WLR (D) 178
“Where unrelated actions in different member states of the European Union subsequently became related by virtue of the amendment of the earlier action to include an issue related to the later action, the court seised of the later action had a discretion to stay that action on the grounds that it was no longer the court first seised for the purposes of article 28(1) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (‘the Judgments Regulation’).”
WLR Daily, 25th 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.
“Europe is in danger of making the wrong choices on new data protection rules, Secretary of State for Justice Kenneth Clarke said.”
Ministry of Justice, 26th May 2011
Source: www.justice.gov.uk
Aitken v Commissioner of Police of the Metropolis [2011] EWCA Civ 582; [2011] WLR (D) 165
“Parties and their lawyers using the tribunal system should not draw the appellate courts into unnecessary speculation as to what the law would be if an employment tribunal had found the facts differently. Users of the tribunal system needed to be reminded that they needed evidence to prove facts; they needed facts on which to base legal submissions; and they needed real, not imaginary, questions of law for any appeal.”
WLR Daily, 18th 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
“A member state was precluded under article 10a of Directive 85/337/EEC from withholding, from a non-governmental organisation promoting environmental protection, the right to rely before a national court on the infringement of a rule flowing from the environmental law of the European Union on the ground that that rule only protected the interests of the general public and not the interests of individuals. Such a non-governmental organisation could derive from article 10a the right to rely, before the courts, on the infringement of rules of national law flowing from Council Directive 92/43/EC even where national law did not permit this.”
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.
MSD Sharp & Dohme GmbH v Merckle GmbH (Case C-316/09); [2011] WLR (D) 159
“The dissemination on a website by a pharmaceutical undertaking of information relating to medicinal products available on medical prescription only, which consisted in the reproduction of the packaging, and in the literal and complete reproduction of the package leaflet or summary of the product’s characteristics, was not contrary to article 88(1)(a) of Parliament and Council Directive 2001/83/EC, as amended, prohibiting advertising to the general public of medicinal products available on medical prescription only. The dissemination of such information which had been rewritten by the manufacturer and which could only be explained by an advertising purpose was prohibited.”
WLR Daily, 5th 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.
Bartlett and others v Secretary of State for Work and Pensions Case (C-537/09); [2011] WLR (D) 158
“The mobility component of disability living allowance constituted a special non-contributory benefit within the meaning of article 4(2a) of and Annex IIa to Council Regulation (EEC) No 1408/71 as amended by Council Regulation (EC) No 118/97 and Parliament and Council Regulation (EC) No 631/2005, and of Council Regulation (EEC) No 1408/71 as amended by Parliament and Council Regulation (EC) No 647/2005. The provisions in article 10a of the Regulation and of the amended Regulation making the award of this benefit subject to conditions of residence and presence within the awarding member state were not contrary to the provisions of free movement of persons.”
WLR Daily, 5th 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.
“Original pan-EU plans to collect passenger name record data (PNR) applied only to flights to and from EU countries from outside the EU. The Government has opted in to the process only after receiving the support of 15 other countries for its amendment to the plan so that it applied to some flights within the EU.”
OUT-LAW.com, 12th May 2011
Source: www.out-law.com
McCarthy v Secretary of State for the Home Department (Case C-434/09); [2011] WLR (D) 153
“Parliament and Council Directive 2004/38/EC was not applicable to a European Union citizen who had never exercised their right of free movement, who had always resided in a member state of which they were a national and who was also a national of another member state. Article 21FEU of the FEU Treaty was likewise not applicable to a European Union citizen in such circumstances provided the situation of that citizen did not include the application of measures by a member state that would have the effect of depriving them of the genuine enjoyment of the substance of the rights conferred by virtue of their status as a Union citizen.”
WLR Daily, 5th 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.
“Couples in civil partnerships should have the same pension rights as married couples according to the European Court of Justice, backing the approach already taken in the UK.”
OUT-LAW.com, 11th May 2011
Source: www.out-law.com
“A national competition authority, having examined whether there was an abuse of a dominant position pursuant to its own national law and pursuant to article 102FEU of the FEU Treaty (ex article 82EC of the EC Treaty), was not entitled to take a decision stating that there had been no breach of article 102FEU of the FEU Treaty.”
WLR Daily, 3rd 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.
“EU proposals to force internet service providers (ISPs) to block illicit content are not clear, would restrict freedom of speech and impose censorship across Europe, the European Digital Rights group (EDRi) says.”
OUT-LAW.com, 6th May 2011
Source: www.out-law.com
“Europe-wide laws which require telecommunications companies to notify users if their data is at risk should be extended, the European justice commissioner has said.”
OUT-LAW.com, 5th May 2011
Source: www.out-law.com
“Work on revolutionary medical treatments for incurable diseases is in danger of being wiped out by a European court ruling on embryonic stem cells, according to leading scientists.”
The Guardian, 27th April 2011
Source: www.guardian.co.uk
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