UK consults on Unfair Commercial Practices Directive – OUT-LAW.com

Posted June 11th, 2007 in consumer protection, EC law, news by sally

“The Government has asked retailers to comment on draft legislation that will force them to ‘deal fairly’ with customers and other businesses. Two new Regulations are proposed, scheduled to come into force on 6th April 2008.”

Full story

OUT-LAW.com, 11th June 2007

Source: www.out-law.com

Britannia Alloys & Chemicals Ltd. v. Commission of the European Communities – WLR Daily

Posted June 11th, 2007 in competition, EC law, law reports by sally

Britannia Alloys & Chemicals Ltd. v. Commission of the European Communities (Case C-76/06P)

“Where the Commission of the European Communities found that an undertaking had participated in anti-competitive practices contrary to art 81 EC and imposed a fine by reference to the undertaking’s turnover in the “preceding business year”, and the undertaking had no turnover in the business year preceding the date of the infringement decision, the Commission was entitled to refer to another business year.” 

WLR Daily, 7th June 2007

Source: www.lawreports.co.uk

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

Britain “smothered” with EU laws – BBC News

Posted June 8th, 2007 in EC law, news by sally

“Britain is being “smothered” with EU laws, imposed without proper debate, say peers behind a bid to investigate the effects and cost of EU membership.”

Full story 

BBC News, 7th June 2007

Source: www.bbc.co.uk

Byrne v. Motor Insurers’ Bureau – WLR Daily

Posted June 8th, 2007 in EC law, law reports, Motor Insurers’ Bureau, time limits by sally

Byrne v. Motor Insurers’ Bureau [2007] EWHC 1268 (QB)

The procedure for making a claim to the Motor Insurers’ Bureau for compensation in respect of injury caused by an untraced driver under the Untraced Drivers Agreement 1972, which procedure was relied on by the United Kingdom as implementing art 1(4) of Council Directive 84/5/EEC, should be subject to a limitation period no less favourable than that which applied under s 28 of the Limitation Act 1980 to the commencement of proceedings by minors for personal injury in tort against a traced driver. Because the three-year time limit for the bringing of a claim under the Untraced Drivers Agreement 1972 was not compliant with art 1(4) of the Directive, which was capable of having direct effect, the United Kingdom was in sufficiently serious breach of its Community law obligations to give rise in principle to a liability for damages.”

WLR Daily, 7th June 2007

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.

Timeshare law to be strengthened to close holiday club loophole – The Guardian

Posted June 8th, 2007 in EC law, news, time sharing by sally

“Plans to stamp out holiday clubs – a burgeoning variation on timeshare scams which has left hundreds of thousands of British holidaymakers out of pocket – were unveiled by the European Commission yesterday.”

Full story 

The Guardian, 8th June 2007

Source: www.guardian.co.uk

Britain ‘to drop EU veto over law and order’ – Daily Telegraph

Posted June 5th, 2007 in EC law, news, veto by sally

“Tony Blair may be preparing to abandon Britain’s veto over law and order policy in Europe on the eve of his departure from Downing Street this month, MPs fear.”

Full story

Daily Telegraph, 5th June 2007

Source: www.telegraph.co.uk

Regina (Thames Water Utilities Ltd.) v. Bromley Magistrates Court, Environment Agency, interested party – Times Law Reports

Posted May 25th, 2007 in EC law, law reports, waste by sally

Escaped sewage was ‘discarded’ waste

Regina (Thames Water Utilities Ltd.) v. Bromley Magistrates Court, Environment Agency, interested party Case C-252/05

Court of Justice of the European Communities

“Waste water which accidentally escaped from a sewerage system was discarded by the sewerage management undertaking and was waste within the EC Waste Directive.”

The Times, 25th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (Thames Water Utilities Ltd.) v. South East London Division, Bromley Magistrates’ Court (Environment Agency, interested party) – WLR Daily

Posted May 14th, 2007 in EC law, law reports, waste by sally

R (Thames Water Utilities Ltd.) v. South East London Division, Bromley Magistrates’ Court (Environment Agency, interested party) (Case C-252/05)

“The fact that the escape of waste water from a sewage system was accidental did not prevent the waste water from having been “discarded” and hence from being “waste” within Directive 75/442.”

WLR Daily, 10th May 2007

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.

Color Drack GmbH v. Lexx International Vertriebs GmbH – WLR Daily

Posted May 4th, 2007 in conflict of laws, contracts, EC law, law reports, sale of goods by sally

Color Drack GmbH v. Lexx International Vertriebs GmbH (Case C-386/05) 

“Where under a contract goods were delivered to several places in the same EC member state, it was the place of principal delivery in that state, determined on the basis of economic criteria, that had jurisdiction in disputes on the contract.”

WLR Daily, 3rd May 2007

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.

WWF European Policy Programme v. Council of the European Union – WLR Daily

Posted May 1st, 2007 in EC law, freedom of information, law reports by sally

WWF European Policy Programme v. Council of the European Union (supported by Commission of the European Communities, intervener) (Case T-264/04)

“The public right of access to documents of the EC institutions entailed in principle an obligation on the part of the institutions to document their activities.”

 WLR Daily, 25th April 2007

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.

Privacy watchdog slams EU-wide sharing of police data – OUT-LAW.com

Posted April 30th, 2007 in data protection, EC law, news, police by sally

“Europe’s privacy watchdog has expressed ‘grave concern’ about a proposal to share personal information between police forces across Europe, calling it a ‘lowest common denominator approach that would hinder the fundamental rights of EU citizens’.”

Full story

OUT-LAW.com, 30th April 2007

Source: www.out-law.com

IP crimes Directive approved by European Parliament – OUT-LAW.com

Posted April 26th, 2007 in EC law, intellectual property, news by sally

“A controversial Directive which criminalises intellectual property violations in Europe was approved yesterday by the European Parliament but does not include its most controversial element, the criminalising of patent infringement.”

Full story

OUT-LAW.com, 26th April 2007

Source: www.out-law.com

Lords reject European competition appeal court – The Times

Posted April 23rd, 2007 in competition, EC law, news by sally

“Calls for the creation of a new EU competition court to hear appeals over European Commission (EC) decisions on the legality of large mergers and acquisitions have been rejected by a House of Lords committee.”

Full story

The Times, 23rd April 2007

Source: www.timesonline.co.uk

EU agrees to common child support laws – The Guardian

Posted April 20th, 2007 in child support, EC law, news by sally

“European Union countries agreed yesterday to bolster the rights of parents and couples trying to collect child support payments across EU borders.”

Full story

The Guardian, 20th April 2007

Source: www.guardian.co.uk

EU makes it against law to condone genocide – The Times

Posted April 20th, 2007 in EC law, genocide, news by sally

“Condoning or ‘grossly trivialising’ genocide will become a crime punishable by up to three years in prison across Europe, although justice ministers failed to agree a specific ban on denying the Holocaust yesterday.”

Full story

The Times, 20th April 2007

Source: www.timesonline.co.uk

Britain limits EU religious hatred ban – Reuters

Posted April 18th, 2007 in EC law, incitement, news, racism by sally

“Britain has narrowed the scope of a European Union-wide ban on incitement to religious hatred in a proposed anti-racism law, diplomats said on Tuesday.”

Full story

Reuters, 18th April 2007

Source: www.reuters.com

EU aims to criminalise Holocaust denial – Financial Times

Posted April 18th, 2007 in EC law, freedom of expression, news by sally

“Laws that make denying or trivialising the Holocaust a criminal offence punishable by jail sentences will be introduced across the European Union, according to a proposal expecting to win backing from ministers Thursday.”

Full story

Financial Times, 18th April 2007

Source: www.ft.com