Category: EC law

Deutsche Lufthansa AG v Kumpan – WLR Daily

Posted March 21st, 2011 in contract of employment, EC law, law reports by sally

Deutsche Lufthansa AG v Kumpan (Case C-109/09); [2011] WLR (D) 90

“Where an employee was first employed on a contract for an indefinite period and then subsequently employed by the same employer to carry out the same work on successive fixed-term contracts over a period of several years, clause 5(1) of the Framework Agreement on fixed-term work, which had the objective of preventing the abuse of the successive use of fixed-term contracts, had to be interpreted as meaning, in relation to the imposition of the final fixed-term contract, that according to the national law ‘a close objective connection with a previous employment contract of indefinite duration concluded with the same employer’ existed.”

WLR Daily, 10th March 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.

Patmalniece v Secretary of State for Work and Pensions (AIRE Centre intervening) – WLR Daily

Posted March 21st, 2011 in domicile, EC law, law reports, pensions, social security by sally

Patmalniece v Secretary of State for Work and Pensions (AIRE Centre intervening) [2011] UKSC 11; [2011] WLR (D) 91

“The conditions for entitlement to state pension credit, which included a requirement that a claimant had a right to reside in the United Kingdom or the Republic of Ireland, constituted indirect discrimination against nationals of other European Union member states which was, however, justified by the legitimate aim of protecting the resources of the United Kingdom against benefit or social tourism by those who were not economically or socially integrated with the country.”

WLR Daily, 16th March 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.

Koelzsch v État du Grand-Duché de Luxembourg – WLR Daily

Posted March 21st, 2011 in conflict of laws, contract of employment, EC law, jurisdiction, law reports by sally

Koelzsch v État du Grand-Duché de Luxembourg (Case C-29/10); [2011] WLR (D) 93

“Where an employee carries out activities in more than one contracting state the country in which the employee ‘habitually carries out his work in performance of the contract’, within the meaning of article 6(2)(a) of the Rome Convention on the law applicable to contractual obligations, was that in which or from which, in the light of all the factors which characterised that activity, the employee performed the greater part of his obligations towards his employer.”

WLR Daily, 15th March 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.

Digital Economy Act: ‘rushed’ anti-piracy laws delayed until 2012 – Daily Telegraph

Posted March 21st, 2011 in copyright, EC law, electronic commerce, internet, news by sally

“The Government has admitted that it cannot implement legislation to curb internet piracy until spring 2012 at the earliest, as it prepares for a legal battle in the High Court.”

Full story

Daily Telegraph, 21st March 2011

Source: www.telegraph.co.uk

Borger v Tiroler Gebietskrankenkasse – WLR Daily

Posted March 17th, 2011 in benefits, domicile, EC law, employment, law reports, maternity leave by sally

Borger v Tiroler Gebietskrankenkasse (Case C-516/09); [2011] WLR (D) 89

“The status of an ’employed person’, within the meaning of article 1(a) of Council Regulation (EEC) No 1408/71, as amended , applied to a person during a six-month period of extended unpaid leave following the birth of a child, provided that, during that period, that person was covered, even if only in respect of a single risk, on a compulsory or optional basis, by a general or special social security scheme mentioned in article 1(a) of that Regulation.”

WLR Daily, 10th March 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.

Privater Rettungsdienst und Krankentransport Stadler v Zweckverband für Rettungsdienst und Feuerwehralarmierung Passau (Malteser Hilfdienst eV and another, intervening) – WLR Daily

Posted March 17th, 2011 in contracts, EC law, law reports, public procurement, service by sally

Privater Rettungsdienst und Krankentransport Stadler v Zweckverband für Rettungsdienst und Feuerwehralarmierung Passau (Malteser Hilfdienst eV and another, intervening) (Case C–274/09); [2011] WLR (D) 88

“A contract concerning rescue services under which the operator was fully remunerated by persons other than the contracting authority awarding the contract and which placed a limited operating risk on the operator was classified as a ‘service concession’ within the meaning of article 1(4) of Parliament and Council Directive 2004/18/EC, as distinct from a public contract or public service contract within article 1(2)(a)(d).”

WLR Daily, 10th March 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.

Finanzamt Burgdorf v Bog; CinemaxX Entertainment GmbH & Co KG v Finanzamt; Hamburg-Barmbek-Uhlenhorst; Lohmeyer v Finanzamt Minden; Fleischerei Nier GmbH & Co KG v Finanzamt Detmold – WLR Daily

Posted March 17th, 2011 in EC law, food, law reports, sale of goods, VAT by sally

Finanzamt Burgdorf v Bog; CinemaxX Entertainment GmbH & Co KG v Finanzamt; Hamburg-Barmbek-Uhlenhorst; Lohmeyer v Finanzamt Minden; Fleischerei Nier GmbH & Co KG v Finanzamt Detmold (Joined Cases C‑497/09, C‑499/09, C‑501/09 and C‑502/09); [2011] WLR (D) 87

“The supply of food or meals freshly prepared for immediate consumption from snack stalls or mobile snack bars or in cinema foyers was a supply of goods within the meaning of article 5 of Council Directive 77/388/EEC, as amended by Council Directive 92/111/EEC, if a qualitative examination of the entire transaction showed that the elements of supply of services preceding and accompanying the supply of the food were not predominant.”

WLR Daily, 10th March 2011

Source: www.iclr.co.uk

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

EU to force social network sites to enhance privacy – The Guardian

Posted March 17th, 2011 in EC law, internet, news, privacy by sally

“‘Right to be forgotten’ would ensure users of Facebook and other sites could completely erase personal data.”

Full story

The Guardian, 16th March 2011

Source: www.guardian.co.uk

Casteels v British Airways plc – WLR Daily

Posted March 14th, 2011 in EC law, freedom of movement, law reports, pensions, social security by sally
“Article 48FEU of the FEU Treaty, concerning the adoption of measures in the field of social security, could not be relied on by an individual against his private sector employer in a dispute before a national court. In the context of the mandatory application of a collective labour agreement, article 45FEU of the FEU Treaty precluded the non-inclusion of years of service completed by a worker for the same employer in different member states in the calculation of the period for the acquisition of definitive entitlements to supplementary pension benefits.”
WLR Daily, 11th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lesoochranárske zoskupenie VLK v Ministerstvo životného prostredia Slovenskej republiky – WLR Daily

Posted March 14th, 2011 in EC law, environmental protection, jurisdiction, law reports, treaties by sally
“Article 9(3) of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (‘the Aarhus Convention’) did not have direct effect in European Union law.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Britain fends off threat of £300m fine over London air pollution – The Guardian

Posted March 11th, 2011 in EC law, fines, news, pollution by sally

“The government has fended off the threat of £300m in fines over air pollution in London after the European commission put on hold infringement proceedings by granting the UK a time extension to meet a key air quality directive, subject to an emergency action plan.”

Full story

The Guardian, 11th March 2011

Source: www.guardian.co.uk

Ruiz Zambrano v Office national de L’emploi (ONEm) – WLR Daily

Posted March 11th, 2011 in benefits, citizenship, EC law, law reports by sally

 “A third country national with dependent children who were European citizens, had, pursuant to article 20FEU of the FEU Treaty, a right of residence in the member state of residence and nationality of those children and was entitled to a work permit in so far as this enabled the children to enjoy the substance of the rights attaching to the status of European Union citizenship.”

WLR Daily, 10th March 2011

Source: www.lawreports.co.uk

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

Prisoners should be given the vote, signals watchdog – Daily Telegraph

Posted March 10th, 2011 in EC law, elections, human rights, news, prisons by sally

“Nick Hardwick, the chief inspector of prisons, signalled he was in favour of some prisoners being given the vote, despite admitting he has not come across a single inmate who wants it.”

Full story

Daily Telegraph, 10th March 2011

Source: www.telegraph.co.uk

Direktsia “Obzhalvane i upravlenie na izpalnenieto”—Varna v Auto Nikolovi OOD – WLR Daily

Posted March 10th, 2011 in EC law, law reports, VAT by sally

Direktsia “Obzhalvane i upravlenie na izpalnenieto”—Varna v Auto Nikolovi OOD (Case C 203-10); [2011] WLR (D) 75

“The margin scheme which could be applied pursuant to article 314 of Council Directive 2006/112/EC to second hand goods, works of art, collectors items or antiques was not applicable to supplies of goods such as spare parts for motor vehicles, which the taxable dealer himself imported into the European Union under the normal value added tax scheme. Articles 320(1) and (2) of the Directive precluded a national provision which provided for the deferral, until the subsequent supply under the normal value added tax scheme, of the right of the taxable dealer to deduct value added tax paid on importation of goods other than works of art, collectors’ items or antiques. Article 314, the first subparagraph of article 320(1) and article 320(2) of the Directive were directly effective.”

WLR Daily, 9th March 2011

Source: www.lawreports.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.

Claes v Landsbanki Luxembourg SA (in liquidation) – WLR Daily

Posted March 10th, 2011 in consultations, EC law, employment, law reports, liquidators, redundancy by sally

Claes v Landsbanki Luxembourg SA (in liquidation) (Joined Cases C-235/10–239/10); [2011] WLR (D) 74

“Articles 1 and 3 of Council Directive 98/59/EC, concerning the procedure to be adopted upon collective redundancies, applied to the termination of the activities of an employing establishment as a result of a judicial winding up on grounds of insolvency, even where, in the event of such a termination, national legislation provided for the termination of employment contracts with immediate effect. Until the legal personality of an establishment whose dissolution and winding up had been ordered had ceased to exist, the obligations under article 2 and 3 of the Directive, concerning consultation of employees and notification of public authorities, had to be fulfilled.”

WLR Daily, 9th March 2011

Source: www.lawreports.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.

Proposed patent court not compatible with EU law, says ECJ – OUT-LAW.com

Posted March 9th, 2011 in courts, EC law, news, patents by sally

“The European Court of Justice (ECJ) has said that the planned creation of a pan-European Patent Court would break EU law. The European Commission has said that the ECJ opinion will not affect a second EU patent plan.”

Full story

OUT-LAW.com, 9th March 2011

Source: www.out-law.com

Government working on browser solution for new cookie law, says spokesman – OUT-LAW.com

Posted March 9th, 2011 in EC law, internet, news, privacy by sally

“The Government is working with browser manufacturers to create new settings that will help businesses comply with a controversial new EU law on cookies that is due to come into force in May.”

Full story

OUT-LAW.com, 8th March 2011

Source: www.out-law.com

Foreign drivers ‘will escape punishment for UK offences’ – Daily Telegraph

Posted March 4th, 2011 in EC law, enforcement, news, road traffic offences by sally

“Foreign drivers will be able to drink and drive, break the speed limit, jump red lights and escape without punishment because the Government has not signed up to an EU crackdown, it was claimed.”

Full story

Daily Telegraph, 4th March 2011

Source: www.telegraph.co.uk

Association belge des Consommateurs Test-Achats ASBL and others v Conseil des ministres – WLR Daily

Posted March 3rd, 2011 in EC law, insurance, law reports, pensions, sex discrimination by sally

Association belge des Consommateurs Test-Achats ASBL and others v Conseil des ministres (Case C-236/09); [2011] WLR (D) 67

“Article 5(2) of Council Directive 2004/113/EC was invalid with effect from 21 December 2012 since it permitted European Union law and consequently member states’ laws, to derogate from the principle of equal treatment of men and women, guaranteed by articles 21 and 23 of the Charter of Fundamental Rights of the European Union, without temporal limitation.”

WLR Daily, 2nd March 2011

Source: www.lawreports.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.

Is European court gender insurance ruling completely bonkers? – The Guardian

Posted March 2nd, 2011 in EC law, insurance, news, sex discrimination by sally

“Legally speaking, the judgment from the European court of justice that prohibits use of gender in underwriting premiums is unsurprising.”

Full story

The Guardian, 1st March 2011

Source: www.guardian.co.uk