“Restrictions on the payment of welfare benefits to wives of terror suspects imposed by Ed Balls when he was a Treasury minister have been ruled illegal by the European court of justice.”
The Guardian, 29th April 2010
Source: www.guardian.co.uk
“The selection or arrangement required by art 3(1) of the European Parliament and Council Directive 96/9/EC on the legal protection of databases was not confined to selection or arrangement performed after the data in a database was finally created.”
WLR Daily, 26th April 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.
“Deportation flights should carry human rights monitors to check on the safety of failed asylum seekers who have been forcibly removed, a senior EU commissioner has recommended.”
The Guardian, 14th March 2010
Source: www.guardian.co.uk
“Home Office ministers are to opt out of a European directive which lays down minimum standards for the treatment of asylum claims because it would mean abandoning a fast-track process that leads to hundreds of asylum seekers being detained every year.”
The Guardian, 24th February 2010
Source: www.guardian.co.uk
“The Court of Appeals has asked Europe’s highest court to rule on whether UK authorities can seize counterfeit goods passing through the UK and allow brand owners to take legal action against the companies behind the fakes.”
OUT-LAW.com, 27th January 2010
Source: www.out-law.com
Pedro v Secretary of State for Work and Pensions [2009] EWCA Civ 1358; [2009] WLR (D) 363
“A dependent family member of an EU national who retained worker status should be treated as living in Great Britain under the terms of art 2 of Council Directive 2004/38/EC (the Citizenship Directive) for the purpose of considering the dependent’s eligibility for a United Kingdom pension credit.”
WLR Daily, 15th December 2009
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.
“The rule embodied in the staff regulations made by the board of governors of the European Schools, limiting to nine years the period of employment of teachers seconded by the Department of Children, Schools and Families to work in the schools, did not meet the objective justification required by Council Directive 99/70/EC and the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002.”
WLR Daily, 15th December 2009
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 v IB [2009] EWCA Crim 2575; [2009] WLR (D) 357
“A ‘cartel offence’ under s 188 of the Enterprise Act 2002 was not a ‘national competition law’ within the meaning of Council Regulation (EC) No 1/2003, so that a Crown Court had jurisdiction to try a prosecution for such an offence although it was not a competition authority designated under art 35 of that Regulation.”
WLR Daily, 10th December 2009
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.
Aventis Pasteur SA v OB (Case C-358/08); [2009] WLR (D) 352
“The Community Directive on liability for defective products normally precluded a producer of a product from being substituted, after the expiry of the 10-year limitation period, for a defendant who had been sued within that period.”
WLR Daily, 3rd December 2009
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.
In re I (A Child) [2009] UKSC 10; [2009] WLR (D) 351
“The right of parties in child contact proceedings to opt in to the jurisdiction of an EU country which would not otherwise have jurisdiction to determine the child’s future, contained in art 12.3 of Council Regulation (EC) No 2201/2003 on jurisdiction and enforcement in matrimonial and parental responsibility matters (‘Brussels II Revised’), could apply when the child was habitually resident outside the European Union.”
WLR Daily, 3rd December 2009
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.
“Millions of British rail passengers will be denied the right to claim a cash refund if their train is late because of the Government’s refusal to implement new EU consumer protection laws.”
Daily Telegraph, 3rd December 2009
Source: www.telegraph.co.uk
“The Government’s Digital Economy Bill could be in breach of EU laws, according to an internet law expert. Professor Lilian Edwards has also warned that the Bill could make it impossible to operate a free wireless network legally.”
OUT-LAW.com, 26th November 2009
Source: www.out-law.com
“Where a person, in reliance, inter alia, upon art 3(2) of the Citizen Directive, sought to claim a right of entry and residence as a dependant of a Union citizen, there was no requirement to ask whether the claimed dependence arose from a need for the support of such a citizen.”
WLR daily, 26th November 2009
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.
Office of Fair Trading v Abbey National plc and others [2009] UKSC 6; [2009] WLR (D) 341
“Charges levied by banks in respect of unauthorised overdrafts were part of a ‘package’ of services and consideration and their fairness was exempt from review under reg 6(2)(b) of the Unfair Terms in Consumer Contracts Regulations 1999.”
WLR Daily, 25th November 2009
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.
“The UK’s equality laws are inadequate, according to the European Commission which has announced that it has begun legal action against the UK. The Government claims that new equality legislation will settle the dispute.”
OUT-LAW.com, 25th November 2009
Source: www.out-law.com
“Airline passengers whose flights were delayed by more than three hours were entitled to compensation.”
WLR Daily, 20th November 2009
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.
Louca v Public Prosecutor, Bielefeld [2009] UKSC 4; [2009] WLR (D) 337
“To satisfy the requirements of s 2 of the Extradition Act 2003 a European arrest warrant only had to make reference to the requesting state’s domestic arrest warrant on which it was based and not to any previous European arrest warrant, based on the same domestic warrant, which had previously been issued and superseded.”
WLR Daily, 20th November 2009
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.
“Art 6 of Council Directive 89/105/EEC relating to the transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of national health insurance systems (OJ L40) (‘the Transparency Directive’) was engaged where the National Institute for Health and Clinical Excellence (‘NICE’) published guidance making a recommendation in respect of a health care intervention for treatment of patients after making a single technology appraisal pursuant to para 2(1)(a) of the Directions and Consolidating Directions to the National Institute for Health and Clinical Excellence 2005, issued by the Secretary of State pursuant to s 7 of the National Health Service Act 2006. Where the negative criteria for a single technology appraisal leading to the publication of guidance were the antithesis of the positive criteria it was incumbent upon the United Kingdom to communicate those criteria to the Commission of the European Communities pursuant to art 6 of the Transparency Directive. NICE was under a duty to act fairly in carrying out single technology appraisals.”
WLR Daily, 9th November 2009
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.
“In proceedings concerning the alleged invalidity of a community trade mark, departments of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) are not bound by earlier final decisions in opposition proceedings, since no force of res judicata attaches to such decisions.”
WLR Daily, 29th October 2009
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.
R (Boggis) and another v Natural England [2009] EWCA Civ 1061; [2009] WLR (D) 304
“A notification pursuant to s 28 of the Wildlife and Countryside Act 1981 that an area of land was of special scientific interest did not constitute a ‘plan’ or a ‘project’ for the purposes of art 6(3) of Council Directive 92/43/EC (‘the Habitats Directive’) and so was not subject to an appropriate assessment of its conservation implications for any special protection area on which it was likely to have a significant effect.”
WLR Daily, 23rd October 2009
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.
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