UK faces court case over air pollution breaches – The Guardian

Posted January 5th, 2009 in EC law, news, pollution by sally

“The European Union is planning to take Britain to court for consistently breaching air pollution laws, which could result in unlimited daily fines.”

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The Guardian, 2nd January 2009

Source: www.guardian.co.uk

British opt-out from 48-hour working week defeated in Strasbourg – The Times

Posted December 17th, 2008 in EC law, news, working time by sally

“Britain’s opt-out from the EU’s 48-hour working week was soundly defeated in a vote by the European Parliament today, with many Labour MEPs voting against the Government’s attempts to keep the measure first won by John Major in 1993.”

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The Times, 17th December 2008

Source: www.timesonline.co.uk

Britain wins battle for the pint – BBC News

Posted December 17th, 2008 in EC law, news, weights and measures by sally

“Amid the economic gloom, UK drinkers have found a measure of good news – the pint will not have to be renamed. Decades of wrangling with the EU over switching to metric measures has ended with a vote confirming that imperial measures can carry on indefinitely.”

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BBC News, 16th December 2008

Source: www.bbc.co.uk

Innocent Britons ‘may be branded criminals abroad’ after Big Brother databases agreement – Daily Telegraph

Posted December 15th, 2008 in DNA, EC law, extradition, news by sally

“Innocent British citizens may be drawn into foreign criminal investigations after the Government agreed to EU-wide access to its ‘Big Brother’ databases, the Conservatives have warned.”

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Daily Telegraph, 15th December 2008

Source: www.telegraph.co.uk

Louca v Public Prosecutor, Bielefeld, Germany Kaba v Court of First Instance, Creteil, France – Times Law Reports

Posted December 10th, 2008 in EC law, extradition, law reports, warrants by sally

Louca v Public Prosecutor, Bielefeld, Germany Kaba v Court of First Instance, Creteil, France

Queen’s Bench Divisional Court

“While a European arrest warrant had to be validated by reference to an enforceable national legal procedure, it need not refer to any other European arrest warrant that might previously have been issued in respect of the alleged offences contained in the current warrant.”

The Times, 10th December 2008

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.

DNA database innocents win landmark European court ruling – Daily Telegraph

Posted December 4th, 2008 in data protection, DNA, EC law, human rights, news by sally

“Two men from Sheffield, South Yorkshire, who were previously cleared of criminal charges, have won a major victory after the European Court of Human Rights ruled keeping their DNA on the British police database breached their human rights.”

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Daily Telegrap, 4th December 2008

Source: www.telegraph.co.uk

Kaczmarek v Secretary of State for Work and Pensions – Times Law Reports

Posted December 4th, 2008 in EC law, law reports, social security by sally

Kaczmarek v Secretary of State for Work and Pensions

Court of Appeal

“A citizen of a European Union member state who had no right to live in the United Kingdom under domestic or European law, even though she was lawfully present, was not eligible for income support.”

The Times, 4th December 2008

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.

Louca v Office of Public Prosecutor in Bielefeld, Germany – WLR Daily

Posted December 1st, 2008 in EC law, extradition, law reports, warrants by sally

Louca v Office of Public Prosecutor in Bielefeld, Germany; [2008] WLR (D) 373

The requirement in s 2(4)(b) of the Extradition Act 2003 that a European arrest warrant (EAW) contained ‘particulars of any other warrant issued in the category 1 territory for the person’s arrest in respect of the offence’ did not mean the particulars of any other EAWs that might previously have been issued in respect of the offence in the current EAW.”

WLR Daily, 27th November 2008

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.

Kaczmarek v Secretary of State for Work and Pensions – WLR Daily

Posted December 1st, 2008 in EC law, law reports, social security by sally

Kaczmarek v Secretary of State for Work and Pensions [2008] EWCA Civ 1310; [2008] WL (D) 372

An EU national who was lawfully present in the United Kingdom but had no right to reside under domestic or European law was not eligible for income support.”

WLR Daily, 27th November 2008

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.


Intel Corpn Inc v CPM United Kingdom Ltd – WLR Daily

Posted December 1st, 2008 in EC law, law reports, trade marks by sally

Intel Corpn Inc v CPM United Kingdom Ltd (Case C-252/07); [2008] WLR (D) 371

A national court, considering an invalidity application brought by the proprietor of a registered trade mark with a reputation, had to take into account all the factors relevant to the circumstances of the case. Those factors included the fact that, for an average consumer who was reasonably well informed and observant a later trade mark called an earlier mark with a reputation to mind, was in principle tantamount to the establishment of such a link between the conflicting marks. But an absence of similarity between the product areas concerned could not be taken to imply the absence of such a link. Belief in an economic connection between the marks was not a necessary criterion.”

WLR Daily, 27th November 2008

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.

European Commission consults on class action lawsuits – OUT-LAW.com

Posted November 28th, 2008 in class actions, EC law, news by sally

“Consumers across the European Union could be given new powers to join forces to sue a business under plans announced by the European Commission today. Class action lawsuits could be publicly funded under the proposals.”

Full story

OUT-LAW.com, 27th November 2008

Source: www.out-law.com

Academics warn of EU ‘three strikes’ back door plan – OUT-LAW.com

Posted November 24th, 2008 in copyright, EC law, internet, news by sally

“European law is introducing a ‘three strikes and you’re out’ law for ISPs to disconnect illegal file sharers ‘under cover of stealth’, according to legal experts. The EU’s telecoms reform package could guarantee the legality of such schemes.”

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OUT-LAW.com, 19th November 2008

Source: www.out-law.com

Zalewska v Department for Social Development (Child Poverty Action Group and another intervening) – WLR Daily

Posted November 14th, 2008 in benefits, EC law, law reports by sally

Zalewska v Department for Social Development (Child Poverty Action Group and another intervening) [2008] UKHL 67; [2008] WLR (D); [2008] WLR (D) 356

“The United Kingdom’s decision to restrict the payment of welfare benefits for nationals of Poland, Estonia, Latvia, Lithuania, Hungary, Slovenia, Slovakia and the Czech Republic (known collectively as the ‘A8 states’) to those who had worked an uninterrupted 12 months in employment registered with the Home Office was compatible with European Union law.”

WLR Daily, 13th November 2008

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.

Zalewska v Department for Social Development – Times Law Reports

Posted November 14th, 2008 in benefits, EC law, law reports by sally

Zalewska v Department for Social Development

House of Lords

“The United Kingdom’s decision to restrict the payment of welfare benefits for nationals of Poland, Estonia, Latvia, Lithuania, Hungary, Slovenia, Slovakia and the Czech Republic, known collectively as the A8 states, to those who had worked an uninterrupted 12 months in employment registered with the Home Office was not incompatible with European Union law.”

The Times, 14th November 2008

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.

UK Government consults on consumer protection law overhaul – OUT-LAW.com

Posted November 13th, 2008 in consumer protection, EC law, news by sally

“The Government has asked businesses whether they back a set of consumer protection laws proposed by the European Commission. If the proposals become law then retailers across Europe will have to offer the same consumer rights.”

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OUT-LAW.com, 12th November 2008

Source: www.out-law.com

Reprieve for curvy cucumbers and crooked carrots as EU bends rules – The Times

Posted November 12th, 2008 in EC law, food, news by sally

“Knobbly fruit and amusingly shaped vegetables, the staple diet of local newspapers, caption competitions and That’s Life!, are set to return to the shops in a reprieve from strict European Union laws. The regulations covering the size and shape of 26 types of fruit and vegetable are expected to be abolished today by EU agriculture officials in a move that should make food cheaper and more fun.”

Full story

The Times, 12th November 2008

source: www.timesonline.co.uk

Canterbury Hockey Club and Another v Revenue and Customs Commissioners Case C-253/07 – Times Law Reports

Posted November 4th, 2008 in EC law, fees, law reports, sport, VAT by sally

Canterbury Hockey Club and Another v Revenue and Customs Commissioners Case C-253/07

Court of Justice of the European Communities

“Judgment October 16, 2008 Affiliation fees paid by sports clubs to an umbrella organisation in return for services supplied by the organisation were exempt from value-added tax if certain conditions were satisfied.”

The Times, 4th November 2008

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.

European patent body will issue definitive ruling on software patents – OUT-LAW.com

Posted October 28th, 2008 in computer programs, EC law, news, patents by sally

“The European Patent Office (EPO) has asked its ultimate legal authority to look at the European Patent Convention (EPC) and issue advice on the patentability of software. The EPO said that such advice was necessary to ensure the uniform application of the EPC.”

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OUT-LAW.com, 28th October 2008

Source: www.out-law.com

Temporary workers treated as equals under new EU Directive – OUT-LAW.com

Posted October 27th, 2008 in casual workers, EC law, news by sally

“Temporary workers will receive many of the same protections as permanent staff because of the European Parliament’s approval of a new European Union Directive. EU institutions have battled for six years over the issue.”

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OUT-LAW.com, 23rd October 2008

Source: www.out-law.com

Europe votes for equal rights for temporary workers – The Times

Posted October 22nd, 2008 in casual workers, EC law, news by sally

“More than 8 million temporary workers across Europe will share the same rights as permanent employees after an historic deal was approved by the European Parliament today.”

Full story

The Times, 22nd October 2008

Source: www.timesonline.co.uk