Category: EC law

Elgafaji and another v Staatssecretaris van Justitie (Case C-465/07); [2009] WLR (D) 59

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

Elgafaji and another v Staatssecretaris van Justitie – WLR Daily

Posted February 18th, 2009 in EC law, law reports, refugees by sally

“For a person to be eligible for subsidiary protection status on the ground that there was a serious and individual threat to his life, it was not essential for him to prove that he was specifically targeted, but it could exceptionally be sufficient for such a threat to be established by a high level of indiscriminate violence in the country in question.”

WLR Daily, 17th February 2009

Chandler v Camden London Borough Council; Chandler v Secretary of State for Children, Schools and Families [2009] EWHC 219 (Admin); [2009] WLR (D) 58

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

Chandler v Camden London Borough Council; Chandler v Secretary of State for Children, Schools and Families – WLR Daily

Posted February 18th, 2009 in EC law, education, judicial review, law reports, public procurement by sally

“A parent of school age children could not be classed as an ‘economic operator’ and did not therefore have sufficient standing under European and domestic rules on public procurement to bring a claim for judicial review of a decision of the Secretary State to approve an expression of interest by a sponsor of an academy under s 482 of the Education Act 1996 (as substituted by s 65(1) of the Education Act 2002). The protection conferred by the procurement regime created by the Public Contracts Regulations 2006 (SI 2006/5) could only be invoked in private law proceedings by affected economic operators.”

WLR Daily, 17th February 2009

Wallentin-Hermann v Alitalia – Linee Aeree Italiane SpA Case C-549/07

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

Wallentin-Hermann v Alitalia – Linee Aeree Italiane SpA – Times Law Reports

Posted February 16th, 2009 in aircraft, carriage by air, compensation, EC law, law reports by sally

Court of Justice of the European Communities

“A technical problem in an aircraft which led to the cancellation of a flight did not constitute a sufficiently extraordinary circumstance to justify the carrier refusing to pay compensation to passengers unless the problem stemmed from events which, by their nature or origin, were not inherent in the normal exercise of the carrier’s activity and were beyond its actual control.”

The Times, 16th February 2009

Allianz SpA and Another v West Tankers Inc

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

Allianz SpA and Another v West Tankers Inc – Times Law Reports

Posted February 13th, 2009 in arbitration, conflict of laws, EC law, injunctions, law reports by sally

Court of Justice of the European Communities

“It was not open to a court in one European Union member state to order a party in a case before it to discontinue proceedings begun by that party in another member state on the ground that the parties had agreed to refer any disputes between them to arbitration in the first state.”

The Times, 13th February 2009

Allianz SpA and another v West Tankers Inc (Case C-185/07); [2009] WLR (D) 44

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

Allianz SpA and another v West Tankers Inc – WLR Daily

Posted February 12th, 2009 in arbitration, conflict of laws, EC law, injunctions, law reports by sally

“It was incompatible with Regulation 44/2001 for a court of an EC member state to make an order to restrain a person from commencing or continuing proceedings before the courts of another member state on the ground that such proceedings would be contrary to an arbitration agreement.”

WLR Daily, 11th February 2009

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

English court can’t stop Italian lawsuit despite arbitration agreement, ECJ says – OUT-LAW.com

Posted February 11th, 2009 in arbitration, conflict of laws, EC law, injunctions, news by sally

“An English court cannot order someone not to take action in an Italian court in a civil matter even though there was an agreement between the companies involved to settle disputes through arbitration in London, the ECJ has ruled.”

OUT-LAW.com, 11th February 2009

Source: www.out-law.com

Low-alcohol wine manufacturer fights ban – The Times

Posted February 10th, 2009 in alcohol abuse, EC law, food, news by sally

“The food standards watchdog was accused yesterday of a ‘heavy handed abuse of power’ in banning a new low-alcohol wine in the face of Government policy urging people to drink sensibly.”

The Times, 10th February 2009

Guidance on the law applicable to non-contractual obligations (Rome II) – Ministry of Justice

Posted February 9th, 2009 in conflict of laws, EC law, news by sally

“A guide to the main provisions in the European Community regulation on the law applicable to non-contractual obligations (Rome II), which came into force on 11 January 2009.”

Persche v Finanzamt Lüdenscheid

Ministry of Justice, 9th February 2009

Source: www.justice.gov.uk

Persche v Finanzamt Lüdenscheid – Times Law Reports

Posted February 4th, 2009 in charities, EC law, gifts, income tax, law reports by sally

Court of Justice of the European Communities

“Article 56 EC on the free movement of capital enabled eligible tax deductions on gifts made to charitable bodies in the taxpayer’s state also to be claimed on gifts made to charities within the European Union outside the taxpayer’s state.”

The Times, 3rd February 2009

Persche v Finanzamt Lüdenscheid (Case C-318/07); [2009] WLR (D) 27

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

Persche v Finanzamt Lüdenscheid – WLR Daily

Posted January 29th, 2009 in charities, EC law, income tax, law reports by sally

“It was contrary to Community law to refuse income tax deductibility for a donation to a charity established in another member state where it was allowed in the case of charities established in the taxpayer’s state and the taxpayer had no opportunity to show that the donation satisfied the legislative requirements for the grant of deductibility.”

WLR Daily, 28th January 2009

Stringer and Others v HM Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund Joined Cases C-520/06 and C-350/06

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

Stringer and Others v HM Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund Joined Cases C-520/06 and C-350/06 – Times Law Reports

Posted January 28th, 2009 in EC law, law reports, sick leave, working time by sally

Court of Justice of the European Communities

“Workers or former workers who in a particular year were on sick leave and for that reason were unable to exercise their right to paid annual leave in that year, were entitled to exercise the right at a later time, or, in the case of former workers, to compensation in lieu.”

The Times, 28th January 2009

R (Low) v Secretary of State for the Home Department [2009] EWHC 35 (Admin); [2009] WLR (D) 15

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

R (Low) v Secretary of State for the Home Department – WLR Daily

Posted January 23rd, 2009 in EC law, freedom of movement, law reports by sally

“A worker, who was a national of a non member state, sent by a service provider exercising its freedom to provide services pursuant to art 49 EC, from one member state to another had to be lawfully resident in the sending member state in order to acquire any rights under art 49 EC.”

WLR Daily, 22nd January 2009

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

European regulation on law applicable to contractual obligations (Rome I) – Ministry of Justice

Posted January 23rd, 2009 in conflict of laws, contracts, EC law, press releases by sally

“Justice Minister Lord Bach has made a statement announcing the UK’s participation in the European Community regulation on the law applicable to contractual obligations (Rome I).”

Full press release

Ministry of Justice, 22nd January 2009

Source: www.justice.gov.uk

UK consumers could win rights of direct action under unfair trading law – OUT-LAW.com

Posted January 22nd, 2009 in consumer protection, EC law, news by sally

“The European Parliament has called for a change to the way the UK has implemented consumer protection laws to allow cheated customers to take direct action against businesses.”

OUT-LAW.com, 22nd January 2009

Source: www.out-law.com

Commission tackles Microsoft again over product bundling – OUT-LAW.com

Posted January 22nd, 2009 in competition, EC law, news by sally

“Microsoft is abusing its dominant position in the PC software market by including its browser software with every Windows operating system it sells, the European Commission has said.”

Stringer and others v HM Revenue and Customs (Case C-520/06); Schultz-Hoff v Deutsche Rentenversicherung Bund (Case C-350/06); [2009] WLR (D) 13

OUT-LAW.com, 21st January 2009

Source: www.out-law.com

Stringer and others v HM Revenue and Customs (Case C-520/06); Schultz-Hoff v Deutsche Rentenversicherung Bund (Case C-350/06) – WLR Daily

Posted January 22nd, 2009 in EC law, law reports, sick leave, working time by sally

“Employees who by reason of illness were not able to take paid annual leave in the year in which it was due were not for that reason to be deprived of the right to paid annual leave at a later time or, in the case of employees who had been dismissed, to a payment in lieu.”

WLR Daily, 21st January 2009

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

Branded promotional items do not use trade marks, says ECJ – OUT-LAW.com

Posted January 21st, 2009 in EC law, news, trade marks by sally

“The use of a word or phrase in relation to free promotional items is not ‘genuine trade mark use’ under EU laws, the European Court of Justice (ECJ) has said.”

OUT-LAW.com, 20th January 2009

Source: www.out-law.com

Sick workers entitled to full holiday pay, European court rules – The Times

Posted January 20th, 2009 in EC law, news, sick leave, working time by sally

“Workers on long-term sick leave are entitled to paid holidays, one of Europe’s highest courts ruled today.”

The Times, 20th January 2009

Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07); WLR (D) 3

Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA – WLR Daily

Posted January 8th, 2009 in aircraft, carriage by air, compensation, EC law, law reports by sally

“A technical problem such as an engine defect that came to light during a routine check on an aircraft and resulted in cancellation of a flight did not normally justify the carrier in refusing to pay compensation to passengers on the ground that the flight had been cancelled owing to ‘extraordinary circumstances’.”

WLR Daily, 7th January 2009