Category: EC law

R (Tilianu) v Secretary of State for Work and Pensions – WLR Daily

Posted December 10th, 2010 in benefits, domicile, EC law, law reports, self-employment by sally

R (Tilianu) v Secretary of State for Work and Pensions [2010] EWCA Civ 1397; [2010] WLR (D) 320

” ‘Employment’ within the meaning of art 7(3)(b) and (c) of Directive 2004/38/EC did not include self-employment, with the result that an EU citizen who was no longer self-employed did not retain the status of worker and had no right to reside.”

WLR Daily, 9th December 2010

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.

Content is ‘made available’ in jurisdiction where server is located, rules High Court – OUT-LAW.com

Posted November 19th, 2010 in copyright, database right, EC law, jurisdiction, news by sally

“A company is responsible for ‘making available’ internet-hosted material in the country where its host server is based, not in the country where the material is read or used, the High Court has said.”

Full story

OUT-LAW.com, 18th November 2010

Source: www.out-law.com

Football Dataco Ltd and others v Sportradar GmbH and another – WLR Daily

Posted November 19th, 2010 in copyright, database right, EC law, jurisdiction, law reports by sally

Football Dataco Ltd and others v Sportradar GmbH and another [2010] EWHC 2911 (Ch); [2010] WLR (D) 293

“The act of making available to the public all or a substantial part of the contents of a database by online transmission within the meaning of art 7(2)(b) of Parliament and Council Directive 96/9/EC on the Legal Protection of Databases was committed and committed only where the transmission took place.”

WLR Daily, 18th November 2010

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.

New rights to protect Britons abroad – Ministry of Justice

Posted October 26th, 2010 in cautions, EC law, news by sally

“New rules which make sure that Britons arrested abroad are informed of their rights in a language they understand are being negotiated in Brussels. The UK has announced its intention to participate in these negotiations.”

Full story

Ministry of Justice, 25th October 2010

Source: www.justice.gov.uk

Dorset County Council v House – WLR Daily

Posted October 18th, 2010 in animals, criminal responsibility, EC law, law reports, repeals by sally

Dorset County Council v House [2010] EWCA Crim 2270; [2010] WLR (D) 253

“Criminal liability under the Cattle Identification Regulations 1998 and the Cattle Database Regulations 1998 was expressly and exclusively defined in terms of a failure to carry out an obligation under Council Regulation (EC) No 820/97, so there was no criminal offence in respect of conduct after 20 July 2000 when Regulation 820/97 was repealed and replaced.”

WLR Daily, 14th October 2010

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.

Regina (TA Gwillim & Sons) v Welsh Ministers – WLR Daily

Posted October 8th, 2010 in agriculture, EC law, law reports, news by sally

Regina (TA Gwillim & Sons) v Welsh Ministers 2010] EWCA Civ 1048; [2010] WLR (D) 243

“In calculating financial support for farmers under the single payment scheme in Council Regulation (EC) No 1872/2003, a farmer could qualify as a hardship case within art 40 of that Regulation if his ‘production was adversely affected’ in the reference period 2000–2002. He could establish that his production had been adversely affected by reason of agri-environmental commitments not only where he had suffered a dip or reduction in production, but also if he could show that such commitments had prevented or restricted an increase in production.”

WLR Daily, 7th October 2010

Source: www.lawreports.co.uk

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

Government outlines plans to comply with new EU telecoms rules – OUT-LAW.com

Posted September 17th, 2010 in EC law, internet, news, telecommunications by sally

“The Government has outlined the changes that will need to be made to laws and regulations so that the UK complies with the new EU telecoms rules passed last year.”

Full story

OUT-LAW.com, 16th September 2010

Source: www.out-law.com

Privilege judgment is an unjustified blow to in-house lawyers – The Guardian

Posted September 15th, 2010 in barristers, EC law, legal profession, news, privilege, solicitors by sally

“The European court of justice’s ruling will prevent in-house lawyers giving frank advice in antitrust cases.”

Full story

The Guardian, 14th September 2010

Source: www.guardian.co.uk

European Contract Law: chance to have your say – Ministry of Justice

Posted August 20th, 2010 in consultations, contracts, EC law, Ministry of Justice, press releases by sally

“The Government has today launched a Call for Evidence seeking views on the European Commission’s Green Paper on potential changes to contract law.”

Full press release

Ministry of Justice, 18th August 2010

Source: www.justice.gov.uk

Is the European court of justice a legal or political institution now? – The Guardian

Posted August 10th, 2010 in constitutional law, courts, EC law, news by sally

“The most curious feature of the European court of justice (ECJ) , the court of the European Union, is not that it is a political court, but rather that it has until very recently been so successful in pursuing its political programme of the integration of Europe through law without attracting much public or even expert notice.”

Full story

The Guardian, 10th August 2010

Source: www.guardian.co.uk

Human rights: from Europe to the UK – The Guardian

Posted August 10th, 2010 in DNA, EC law, human rights, news, reports by sally

“A new government report on the implementation of European Court of Human Rights judgments has highlighted the vexed issue of the rightful place of such rulings in domestic law. Many decisions, such as on prisoner voting rights, have languished for years unimplemented and it remains to be seen whether the coalition government will do any more to fulfil its legal obligations to the thousands affected.”

Full story

The Guardian, 9th August 2010

Source: www.guardian.co.uk

Cooper Tire & Rubber Company Europe Ltd and others v Dow Deutschland Inc and others – WLR Daily

Posted July 27th, 2010 in appeals, company law, competition, EC law, jurisdiction, law reports by sally

Cooper Tire & Rubber Company Europe Ltd and others v Dow Deutschland Inc and others [2010] EWCA Civ 864; [2010] WLR (D) 199

“Once the Commission of the European Communities had found that an undertaking had participated in anti-competitive practices the undertaking to could not rely on the English domestic law concept of separate corporate entity to argue that the undertaking as a whole or a parent company in the group had not participated in those practices. Where it was alleged in a claim against the defendants that representatives of those alleged to have been party to the anti-competitive behaviour had had discussions to co-ordinate that behaviour and that those discussions had led to each of the defendants co-ordinating their anti-competitive behaviour, that was sufficient to allow the claim against the defendants to continue even if none of the defendants fined by the commission was domiciled in England.”

WLR Daily, 26th July 2010

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.

Fears over new EU snooping powers for police – Daily Telegraph

Posted July 16th, 2010 in DNA, EC law, investigatory powers, news, police by sally

“The proposed power would allow officers from an EU country to demand information on anyone they suspect of an offence, no matter how minor or whether it is even criminal in the UK.”

Full story

Daily Telegraph, 16th July 2010

Source: www.telegraph.co.uk

Anti-terrorism stop and search powers dropped – Daily Telegraph

Posted July 9th, 2010 in EC law, news, police, stop and search, terrorism by sally

“Anti-terror stop and search powers that allow police to search individuals even without reasons for suspicion have been effectively abandoned.”

Full story

Daily Telegraph, 8th July 2010

Source: www.telegraph.co.uk

FSA to seek exemption for the City from from tough EU rules on bankers’ pay – Daily Telegraph

Posted July 8th, 2010 in banking, EC law, financial regulation, news, remuneration by sally

“The City watchdog is considering whether Britain can claim exemption from European laws that will introduce the toughest pay restrictions in the world.”

Full story

Daily Telegraph, 7th July 2010

Source: www.telegraph.co.uk

Judges reject government appeal over stop-and-search – BBC News

Posted July 2nd, 2010 in EC law, news, race discrimination, stop and search, terrorism by sally

“The Home Office says it is reviewing counter-terrorism laws after a European court decided the government could not appeal against a ruling that said random stop and searches were illegal.”

Full story

BBC News, 1st July 2010

Source: www.bbc.co.uk

Regina v Budimir and another; Interfact Ltd Liverpool City Council – WLR Daily

Posted July 2nd, 2010 in appeals, EC law, enforcement, law reports, legislation, video recordings by sally

Regina v Budimir and another; Interfact Ltd Liverpool City Council [2010] EWCA Crim 148; [2010] EWHC 1604 (Admin); [2010] WLR (D) 166

“Where defendants had been convicted of criminal offences under a statute enacted by Parliament which was unenforceable owing to a failure by the United Kingdom Government, before its enactment, to comply with a Directive from the European Community, it was not incumbent upon the Court of Appeal to re-open their cases out of time unless their convictions had given rise to any substantial injustice.”

WLR Daily, 1st July 2010

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.

EU threatens UK again over data protection laws – OUT-LAW.com

Posted June 25th, 2010 in data protection, EC law, news, ombudsmen by sally

“The European Commission will pursue a case against the UK Government through the European Court of Justice (ECJ) if it does not strengthen privacy watchdog the Information Commissioner’s powers within two months.”

Full story

OUT-LAW.com, 25th June 2010

Source: www.out-law.com

Teenager-repellent ‘mosquito’ must be banned, says Europe – The Guardian

Posted June 21st, 2010 in children, EC law, gangs, news, noise, torture by sally

“A device that uses high-frequency sound to disperse teenage gangs is illegal under human rights law and is ‘degrading and discriminatory’ to youngsters, a report this week claims.”

Full story

The Guardian, 20th June 2010

Source: www.guardian.co.uk

Regina (Morge) v Hampshire County Council – WLR Daily

Posted June 15th, 2010 in appeals, EC law, environmental protection, law reports, local government, planning by sally

Regina (Morge) v Hampshire County Council [2010] EWCA Civ 608; [2010] WLR (D) 145

“A planning authority considering a development ostensibly affecting the species or habitat of a European Protected Species covered by the Habitats Directive was to have due regard to the requirements of the Directive, which could involve questions as to indirect, as well as direct, impact upon the species, and also deterioration or destruction of their breeding or resting place.”

WLR Daily, 11th June 2010

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.