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29 Oct 2012, 4:47 am
Folien Fischer AG and another v Ritrama SpA (Case C-133/11); [2012] WLR (D) 292 “An action for a negative declaration seeking to establish the absence of liability in tort, delict, or quasi-delict fell within the scope of article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p 1).” WLR Daily, 25th October 2012 Source: www.iclr.co.uk [read post]
29 May 2023, 2:39 pm
C. [read post]
17 Mar 2011, 3:25 am
Finanzamt Burgdorf v Bog; CinemaxX Entertainment GmbH & Co KG v Finanzamt; Hamburg-Barmbek-Uhlenhorst; Lohmeyer v Finanzamt Minden; Fleischerei Nier GmbH & Co KG v Finanzamt Detmold (Joined Cases C? [read post]
18 Nov 2011, 1:54 am
eDate Advertising GmbH v X: Martinez and another v MGN Ltd; (Joined Cases C-509/09 and C-161/10); [2011] WLR (D) 330 “Under article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 a person who considered that his privacy rights had been infringed by content placed online on an internet website had the option of bringing an action either before the courts of the member state in which the publisher of that… [read post]
26 Jun 2012, 2:07 am
F & C Alternative Investments (Holdings) Ltd and others v Barthelemy and another (No 3) [2012] EWCA Civ 843; [2012] WLR (D) 183 “Where an offer to settle proceedings had been made which was neither in substance nor in form compliant with Part 36, it was wrong in principle to take as directly analogous, and as applicable, the potential costs consequences had it been a Part 36 offer.” WLR Daily, 22nd June 2012 Source: www.iclr.co.uk [read post]
26 Jun 2012, 2:04 am
Regina (C) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (J) Same [2012] EWHC 1681 (Admin); [2012] WLR (D) 182 “The statutory discretion for the police to retain custody photographs obtained from criminal suspects who were subsequently not proceeded against or acquitted did not extend to the retention of photographs taken from all suspects for a substantial and potentially indefinite period, in breach of their right to… [read post]
4 Sep 2018, 12:30 am
En ce début septembre, une question dans l'air du temps revient : la rentrée parlementaire 2018 pour les députés et les sénateurs, c'est quand ? [read post]
3 Dec 2012, 3:21 am
Econord SpA v Comune di Cagno and others (Joined Cases C-182/11 and C-183/11); [2012] WLR (D) 356 “The condition established by the case law of the Court of Justice European Union (Teckal Srl v Comune di Viano (Case C-107/98) [1999] ECR I-8121 and Parking Brixen GmbH v Gemeinde Brixen (Case C-485/03) [2005] ECR I-8585) to the effect that, in order to be exempted from their obligation to initiate a public tendering… [read post]
10 Jun 2019, 1:02 pm
ANN C. [read post]
21 Nov 2010, 11:36 pm
*R v C [2010] (CA) [Expert evidence - DNA] D was alleged to have raped V at her house many years previously. [read post]
21 Nov 2010, 11:36 pm
*R v C [2010] (CA) [Expert evidence - DNA] D was alleged to have raped V at her house many years previously. [read post]
9 May 2012, 1:54 am
Migrationsverket v Kastrati and Others (Case C-620/10); [2012] WLR (D) 139 “The withdrawal of an asylum application which occurred before the requested member state had agreed to take charge of the asylum seeker, had the effect that Council Regulation (EC) No 343/2003 which established the criteria and mechanisms for determining the member state responsible for examining an asylum application would no longer be applicable. [read post]
21 Mar 2012, 9:22 am
G v de Visser (Case C-292/10); [2012] WLR (D) 87 “Where it was impossible to locate the whereabouts of a defendant, European Union law did not preclude the issue of judgment by default in circumstances where the document instituting proceedings had been served by public notice under national law, provided that the court seised of the matter had first satisfied itself that all investigations required by the principles of diligence and good faith had been undertaken to… [read post]
31 Oct 2011, 3:09 am
Brüstle v Greenpeace eV (Case C-34/10); [2011] WLR (D) 305 “Any human ovum after fertilisation, any non-fertilised human ovum into which the cell nucleus from a mature human cell had been transplanted, and any non-fertilised human ovum whose division and further development had been stimulated by parthenogenesis constituted a ‘human embryo’ within the meaning of article 6(2)(c) of Parliament and Council Directive 98/44/EC of 6 July 1998 on… [read post]
21 Feb 2011, 10:52 am
Haribo Lakritzen Hans Riegel Betriebs GmbH v Finanzamt Linz; Osterreichische Salinen AG v Same(Joined Cases C-436/08 and C-437/08); ; [2011] WLR (D) 49 “Legislation of a member state which discriminated against portfolio dividends received by a resident company from a company resident in a non member state party to an EEA Agreement, was contrary to the principle of free movement of capital, where that discrimination was based upon a comprehensive… [read post]
28 Nov 2011, 3:41 am
Regina v H(J); Regina v Ferris; Same v W(A); Same v Walker; Same v Dan; Same v S(C); Same v Robertson; Same v P(M) [2011] EWCA Crim 2753; [2011] WLR (D) 342 “In principle, in historic or cold cases, a defendant had to be sentenced in accordance with the sentencing regime applicable at the date of sentence. [read post]
3 May 2012, 2:07 am
DR v NCB – Nordisk Copyright Bureau (Case C-510/10); [2012] WLR (D) 127 “The exception in article 5(2)(d) of and Preamble 41 to Directive 2001/29 which permitted a broadcaster to use their own facilities or ‘those of a person acting on behalf of and under the responsibility of the broadcasting organisation’ to reproduce works by way of ephemeral recordings without the author’s consent, entitled a broadcaster to use a third party to… [read post]
13 May 2010, 12:09 pm
D, on the other hand, is very well aware that a given legal theory requires elements A, B, C, and D to be established (every single one of them), and wishes to emphasize that by God P has done nothing to establish C (nothing! [read post]
11 Apr 2011, 2:50 am
Toki v Ipourgos Ethnikis Pedias kai Thriskevmaton (Case C-424/09); [2011] WLR (D) 128 “The mechanisms for the recognition of higher education diplomas pursuant to article 3(b) of Council Directive 89/48/EEC, as amended, were applicable where the profession at issue was a regulated professional activity within the meaning of the second sub-paragraph of article 1(d) of the Directive in the member state of origin, irrespective of whether the person concerned… [read post]
20 Nov 2012, 1:43 pm
The Court held that that the procedure established under Art. 259 TFEU was designed to obtain a declaration that the conduct of a Member State was in breach of EU law and to terminate that conduct (see, to that effect, Joined Cases 15/76 and 16/76 France v Commission [1979]; Case C-456/05 Commission v Germany [2007]; and Joined Cases C-514/07 P, C-528/07 P and C-532/07 P Sweden and Others v API and Commission [2010]).Thus, as the aim of… [read post]
