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9 May 2012, 1:54 am by sally
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]
13 Jun 2009, 2:13 am
Any other measure which hinders access of products originating in other member States to the market of a member State is also covered by that concept (Case C-110/05 Commission v. [read post]
25 Oct 2011, 4:31 am by Andrew Smith, Matrix Chambers.
This litigation concerns the right to a minimum period of annual leave under reg 3 of the Working Time Regulations 1998, SI 1998/1833 (“the WTR”), which implemented art 7 of the EC Working Time Directive (EC 93/104) (“the WTD”). [read post]
9 Jul 2010, 9:23 am by John J Downes
V OFT (C 336/03) [2005] All ER (EC) 835E provided car hire services in the UK and other Member States. [read post]
1 Dec 2015, 4:45 am by Sean O'Beirne, Kingsley Napley LLP
On 23 November 2015 the Supreme Court heard a two day appeal of the decision in R (Nouazli) v Secretary of State for the Home Department [2013] EWCA Civ 1608. [read post]
2 Dec 2013, 12:16 am by Maanas Jain
The post Case Preview: R (HS2 Action Alliance Ltd) v Secretary of State for Transport & Anor appeared first on UKSCBlog. [read post]
9 May 2011, 2:26 am by sally
du Ochrony Konkurencji i Konsumentów v Tele2 Polska sp zo o (now Netia SA) Case C-375/09; [2011] WLR (D) 149“A national competition authority, having examined whether there was an abuse of a dominant position pursuant to its own national law and pursuant to article 102FEU of the FEU Treaty (ex article 82EC of the EC Treaty), was not entitled to take a decision stating that there had been no breach of article 102FEU of the FEU Treaty. [read post]
7 Dec 2011, 2:23 am by sally
The costs relating to an exequatur (enforcement) procedure brought in one member state, in the course of which the recognition and enforcement was sought of a judgment given in another member state in proceedings seeking to enforce an intellectual property right, fell within article 14 of Parliament and Council Directive 2004/48/EC of 29 April 2004 on the enforcement of intellectual property rights (OJ 2004 L 157, p 45).” WLR Daily, 18th December 2011 Source:… [read post]
12 Apr 2011, 4:00 am by Massimiliano Di Martino
In its Judgment in Case C-235/09 DHL Express France SAS v Chronopost SA the European Court of Justice ruled that the Council Regulation (EC) No 40/94 of 20 December 1993 on the Community Trade Mark (the Regulation) creates Community arrangements for trademarks whereby undertakings may obtain Community trademarks to which uniform protection is given and which produce their effects throughout the entire area of the European Union. [read post]
17 Jan 2011, 1:21 am by Marta Requejo
On Regulation (EC) no 2201/2003, art. 20 Among ECJ decisions on Regulation (EC) no. 2201/03, there are... [read post]
3 Jan 2012, 4:28 am by tracey
Air Transport Association of America v Secretary of State for Energy and Climate Change (International Air Transport Association and others, intervening); (Case C-366/10);  [2011] WLR (D)  386 “Certain principles and provisions of international law could be relied upon to assess the validity of Parliament and Council Directive 2008/101/EC amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse… [read post]
22 Jan 2014, 2:16 am by Matrix Legal Information Team
For judgment, please download: [2014] UKSC 3 For Court’s press summary, please download: Court’s Press Summary For a non-PDF version of the judgment, please visit: BAILII The post New Judgment: R (HS2 Action Alliance Ltd) v The Secretary of State for Transport & Anor & linked cases [2014] UKSC 3 appeared first on UKSCBlog. [read post]
18 Nov 2013, 2:47 am by Dr Jeremias Prassl
Wider Implications The proceedings in Hook v British Airways and Stott v Thomas Cook have already attracted significant attention from the Equality and Human Rights Commission; with the Secretary of State acting as a further intervener. [read post]
26 Feb 2007, 5:50 am
The question presented in EC Term of Years Trust v. [read post]
4 Jul 2018, 2:23 am by Matrix Legal Support Service
On appeal from: [2016] EWCA Civ 1092 This appeal considered whether the obligation under Directive 2001/24/EC, art 3 to apply reorganisation measures in accordance with the law of their home member state meant that the effect of a reorganisation measure taken by Banco de Portugal in August 2014 to transfer liabilities to the respondent fell to be determined by the effect in Portuguese law of a later decision in December 2014, and/or whether the December 2014 decision was itself a… [read post]
3 Jan 2012, 4:23 am by tracey
NS v Secretary of State for the Home Department (Amnesty International Ltd and others intervening); ME and others v Refugee Applications Comr and another (Amnesty International Ltd and others intervening); (Joined Cases C-411/10 and C-493/10);  [2011] WLR (D)  388 “European Union law precluded the application of a conclusive presumption that the member state responsible for examining an asylum claim pursuant to Council Regulation… [read post]
8 Aug 2011, 3:15 am
Art 3 (1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society ("the Information Society Directive") required EU member states to "provide authors with the exclusive right to authorise or prohibit any communication to the public of their works, by wire or wireless [read post]
13 Oct 2013, 1:47 am
S.1 (1) of the Trade Marks Act 1994, which implements art 2 of Directive 2008/95/EC of the European Parliament and the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks, defines a trade mark as "any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those [read post]