Treasury faces £5bn bill over European tax ruling – The Guardian”
“European court judgment over UK tax on firms that issue new shares abroad could be costly for British government.”
The Guardian, 1st October 2009
Source: www.guardian.co.uk
Category: EC law
EU to appoint human rights commissioner – Daily Telegraph
“A powerful new European commissioner for human rights who is expected to push for new protection for asylum seekers and workers is set to be appointed later this year.”
Daily Telegraph, 14th September 2009
Source: www.telegraph.co.uk
Catalyst Investment Group Ltd v Lewinsohn and others; Catalyst Investment Group Ltd and another v Lewinsohn and another; ARM Asset-Backed Securities SA v Lewinsohn and another – WLR Daily
“Where corresponding proceedings were in existence between the same parties in another jurisdiction, the court had no power to grant a stay, in favour of the courts of a non-EU country, of proceedings of which the court was properly seised under art 2 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.”
WLR Daily, 6th August 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.
No VAT charged for carbon trades as Government widens anti-carousel fraud battle – OUT-LAW.com
“Criminals have been using EU green schemes to commit VAT carousel fraud, the Government has said. It has put an end to the charging of VAT when carbon emissions are traded to stop the activity, it said.”
OUT-LAW.com, 3rd August 2009
Source: www.out-law.com
EU privacy watchdog issues warning over transport monitoring – OUT-LAW.com
“New systems planned by the European Commission to ease traffic problems across Europe do not adequately protect the privacy of travellers, according to the regulator set up to monitor the privacy implications of Commission actions.”
OUT-LAW.,com, 24th July 2099
Surce: www.out-law.com
Extradition without justice – The Guardian
Gary McKinnon’s fight to be prosecuted in the UK casts a stark light on our extradition arrangements with America. US prosecutors are threatening him with up to 70 years in a ‘supermax’ prison – and this a man with Asperger’s syndrome who could hardly be less suited to such punishment.”
The Guardian, 16th July 2009
Source: www.guardian.co.uk
Syska and another v Vivendi Universal SA and others – WLR daily
Syska and another v Vivendi Universal SA and others [2009] EWCA Civ 677; [2009] WLR (D) 236
“Where a party to an arbitration reference became insolvent in an EU member state while the arbitration proceedings were pending in another member state, the appropriate law applicable to determine the validity of the agreement to progress the arbitration was the law of the member state where the arbitration was pending.”
WLR Daily, 10th July 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.
Foster Wheeler Ltd v Hanley and others – WLR Daily
Foster Wheeler Ltd v Hanley and others [2009] EWCA Civ 651; [2009] WLR (D) 235
“The court considered the principles to be applied by pension scheme trustees when deciding how UK pension schemes were to pay benefits to members following recent developments in European pensions law relating to equalisation of retirement ages.”
WLR Daily, 9th July 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.
Vodafone2 v Commissioners for Revenue and Customs – Times Law Reports
Vodafone2 v Commissioners for Revenue and Customs
Court of Appeal
“In order to interpret United Kingdom legislation concerning the profits of controlled foreign companies in a way which avoided any unlawful restriction of a taxpayer company’s right to freedom of establishment, conferred by article 43 of the European Treaty, the court was entitled to introduce an additional exception to those contained in section 748(1)(a) to (e) and (3) of the Income and Corporation Taxes Act 1988.”
The Times, 26th June 2009
Source: www.timesonline.co.uk
L’Oréal SA and others v Bellure NV and others – WLR Daily
L’Oréal SA and others v Bellure NV and others (Case C-487/07); [2009] WLR (D) 203
“The claimants, producers and marketers of luxury perfumes, were the proprietors in the United Kingdom of well-known trade marks, some in the form of word marks alone, and others being word and figurative marks including a representation of the bottle or packaging for the particular perfume. The defendants, the producer of and two companies which marketed imitations of fine fragrances, offered a range of products some of whose bottles and packaging were generally similar to those of products of the claimants’, although it was common ground that the similarity was unlikely to mislead professionals or the public. The defendant marketing companies provided to their retailers lists which compared the smell of a product of the defendants’ with a product of the claimants’ which was being imitated, in each case identified by reference to the word mark by which the product was known. In trade mark infringement proceedings brought by the claimants, a number of issues arose relating to the interpretation of (i) Council Directive 89/104/EEC on trade marks and (ii) article 3a(1) of Council Directive 84/450/EEC on misleading and comparative advertising as amended by European Parliament and Council Directive 97/55/EC (‘Directive 84/450’), and the Chancery Division of the High Court referred questions thereon to the European Court of Justice for a preliminary ruling.”
WLR Daily, 19th June 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 (Abdullah) v Secretary of State for the Home Department – WLR Daily
R (Abdullah) v Secretary of State for the Home Department [2009] WLR (D) 185
“Directions for the removal of a person who had no right to remain in the United Kingdom following the dismissal of his claim for asylum were not suspended by virtue of s 78 of the Nationality, Immigration and Asylum Act 2002 and reg 29 of the Immigration (European Economic Area) Regulations 2006 by reason of there being pending an appeal against the refusal of his application for a residence card under reg 17 of those regulations.”
WLR Daily, 16th June 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.
Chocoladefabriken Lindt & Sprüngli AG v Franz Hauswirth GmbH – WLR Daily
Chocoladefabriken Lindt & Sprüngli AG v Franz Hauswirth GmbH (Case C-529/07); [2009] WLR (D) 182
“The fact that, at the time of applying for registration of a sign as a trade mark, the applicant knew or was to be taken as knowing that an identical or similar sign capable of being confused with the applicant’s sign was being used by others for an identical or similar product, could constitute bad faith on the applicant’s part rendering the registration amenable to a declaration of invalidity.”
WLR Daily, 12th June 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.
(HR) (Portugal) v Secretary of State for the Home Department – Times Law Reports
(HR) (Portugal) v Secretary of State for the Home Department
Court of Appeal
“Time spent in jail in the United Kingdom by a national of the European Economic Area was not counted when calculating whether he had live in the country continuously for at least ten years before the decision to deport him.”
Times Law Reports, 15th June 2009
Source: www.timesonline.co.uk
LastMinute.com wins right to block last minute trade mark – OUT-LAW.com
“Online travel company LastMinute.com has won the right to have a competing firm’s European trade mark cancelled. The European Union’s Court of First Instance (CFI) has backed the British firm, overturning a ruling by the EU office for trade marks.”
OUT-LAW.com, 11th June 2009
Source: www.out-law.com
A single meeting can count as market-rigging activity, says ECJ – OUT-LAW.com
“A group of companies can be guilty of breaking competition law even if they only meet once and the action taken does not result in higher prices for consumers, the European Court of Justice (ECJ) has ruled.”
OUT-LAW.com, 4th June 2009
Source: www.out-law.com
InsuranceWide.com Services Ltd v Commissioners of Revenue and Customs; Commissioners of Revenue and Customs v Trader Media Group Ltd – Times Law Reports
Chancery Division
“Companies offering introductory services to channel would-be customers to insurers by electronic means and who received a commission in the event of a contract of insurance being concluded were insurance brokers or insurance agents falling within the exemption from value-added tax.”
Times Law Reports, 5th June 2009
Source: www.timesonline.co.uk
Rolls Royce plc v Unite the Union – Times Law Reports
Rolls Royce plc v Unite the Union
Court of Appeal
“Length of service was a lawful criterion for selection for redundancy since it achieved a legitimate aim by a proportionate means.”
The Times, 27th May 2009
Source: www.timesonline.co.uk
ECJ rulings on Google keywords might not resolve controversy, warns High Court – OUT-LAW.com
“A widely-requested European Court of Justice (ECJ) ruling on keyword advertising may fail to give businesses in the UK and Ireland the legal clarity it would give to the rest of Europe, a High Court judge has warned.”
OUT-LAW.com, 26th May 2009
Source: www.out-law.com
Vodafone 2 v Revenue and Customs Commissioners – WLR Daily
Vodafone 2 v Revenue and Customs Commissioners [2009] EWCA Civ 446; [2009] WLR (D) 170
“It was possible to provide a conforming interpretation of the Income and Corporation Taxes Act 1988 which avoided any unlawful restriction on a taxpayer company’s freedom of establishment, conferred by art 43EC of the EC Treaty, by the introduction of an additional exception to those contained in s 748(1)(a) to (e) and (3) in respect of the apportionment of profits of controlled foreign companies by the additional implication of the words ‘ if [the company] is, in that accounting period, actually established in another member state of the EEA and carries on genuine economic activities there’.”
WLR Daily, 21st May 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 (MM (Burma) and another) v Secretary of State for the Home Department; R (DT (Eritrea)) v Same – WLR Daily
“A person whose asylum claim had been finally determined in country A against him or her and who made a subsequent claim for asylum in country A came within the ambit of Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (‘the Reception Directive’) and was therefore able to enjoy the benefits of art 11(2) of that directive and be afforded conditional access to the labour market.”
WLR Daily, 21st May 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.
