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25 Oct 2017, 5:15 am
C&D Zodiac, Inc., October 3, 2017, Stoll, K.). [read post]
14 Dec 2011, 2:12 am
Ziebell v Land Baden-Württemberg (Case C-371/08); [2011] WLR (D) 358 “Protection against expulsion conferred by article 14(1) of EEC-Turkey Association Council Decision No 1/80 did not have the same scope as that conferred on citizens of the Union pursuant to article 28(3)(a) of Parliament and Council Directive 2004/38/EC with the result that the scheme of protection against expulsion enjoyed by the latter could not be applied mutatis mutandis to Turkish… [read post]
9 Jul 2012, 3:24 am
Content Services Ltd v Bundesarbeitskammer (Case C-49/11); [2012] WLR (D) 195 “Article 5(1) of Parliament and Council Directive 97/7/EC of 20 May 1997 on the protection of consumers in respect of distance contracts meant that a business practice which made the information referred to in that provision accessible to the consumer only via a hyperlink on a website did not meet the requirements of the Directive, since that information was neither ‘given’ by… [read post]
5 Apr 2011, 1:22 am
Schröder v Finanzamt Hameln (Case C-450/09); [2011] WLR (D) 121 “National legislation which allowed a resident taxpayer to deduct the annuities paid to a relative who had transferred immovable property to him, from the rental income derived from that property, but did not grant such a deduction to a non-resident taxpayer, was contrary to article 63FEU of the FEU Treaty in so far as the undertaking to pay those annuities resulted from the transfer of that… [read post]
25 Apr 2012, 1:51 am
Meister v Speech Design Carrier Systems GmbH (Case C-415/10); [2012] WLR (D) 116 “European Union law did not entitle a worker who plausibly claimed to meet the requirements listed in a job advertisement and whose application was rejected to have access to information indicating whether the employer engaged another applicant at the end of the recruitment process. [read post]
16 Jul 2012, 3:44 am
Compass-Datenbank GmbH v Republik Österreich (Case C-138/11); [2012] WLR (D) 202 “A public authority which, as part of its activities, stored, in a database, data which undertakings were obliged to report on the basis of statutory obligations, and which permitted interested persons to search for that data and/or provided them with print-outs thereof did not carry out an ‘economic activity’ and could not therefore be regarded, in the course of that… [read post]
17 Mar 2011, 3:36 am
Borger v Tiroler Gebietskrankenkasse (Case C-516/09); [2011] WLR (D) 89 “The status of an ‘employed person’, within the meaning of article 1(a) of Council Regulation (EEC) No 1408/71, as amended , applied to a person during a six-month period of extended unpaid leave following the birth of a child, provided that, during that period, that person was covered, even if only in respect of a single risk, on a compulsory or optional basis, by a general or… [read post]
8 Apr 2011, 3:27 am
Société fiduciaire nationale d’expertise comptable v Ministre du Budget, des Comptes publics et de la Fonction publique (Case C-119/09); [2011] WLR (D) 127 “National legislation totally prohibiting the members of a regulated profession from engaging in canvassing was contrary to article 24(1) of European Parliament and Council Directive 2006/123/EC of 12 December 2006 on services in the internal market (OJ 2006 L 376, p 36). [read post]
19 May 2011, 2:50 am
Regina (GC) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (C) v Same (Same intervening) [2011] UKSC 21; [2011] WLR (D) 162 “The statutory discretion for the police to retain biometric data obtained from criminal suspects who were subsequently not proceeded against or were acquitted could be exercised in a rational and proportionate manner which respected and fulfilled the statutory purpose but… [read post]
2 Mar 2012, 2:57 am
Regina v S(C): [2012] EWCA Crim 389; [2012] WLR (D) 54 “Where the purpose of a legislative scheme was to ensure that a child could be subject to the protection of the court, there would be no defence of necessity available in respect of the offence of removing a child from the jurisdiction of England and Wales.” WLR Daily, 29th February 2012 Source: www.iclr.co.uk [read post]
26 Mar 2009, 3:24 am
MH (Syria) v Secretary of State for the Home Department; DS (Afghanistan) v Same [2009] EWCA Civ 226; [2009] WLR (D) 109 “A careful approach was to be applied when one was considering an asylum application and the question whether an asylum-seeker was excluded from the provisions of the Refugee Convention by reason of art 1F(c) [...] [read post]
25 Mar 2011, 3:57 am
Skandinaviska Enskilda Banken AB Momsgrupp v Skatteverket (Case C-540/09); [2011] WLR (D) 103 “The exemption from VAT laid down in article 13B(d)(5) of Sixth Council Directive 77/388/EEC applied to services supplied by a credit institution, for consideration, in the form of an underwriting guarantee to a company wishing to issue shares, where under that guarantee the credit institution undertook to acquire any shares which were not… [read post]
27 Feb 2012, 2:59 am
Flachglas Torgau GmbH v Federal Republic of Germany: (Case C-204/09); [2012] WLR (D) 45 “The option given to member states pursuant to the first sentence of the second sub-paragraph of article 2(2) of Parliament and Council Directive 2003/4/EC of not regarding ‘bodies or institutions acting in a … legislative capacity’ as ‘public authorities’ responsible for guaranteeing access to environmental information,… [read post]
4 May 2012, 3:10 am
SAS Institute Inc v World Programming Ltd: (Case C-406/10); [2012] WLR (D) 131 “The functionality of a computer program, the programming language and the format of data files used in a computer program in order to exploit certain of its functions did not constitute a form of expression of that program within the meaning of article 1(2) of Council Directive 91/250/EEC on the legal protection of computer programs (OJ 1991 L122, p 42) and, as… [read post]
14 Sep 2012, 2:36 am
Secretary of State for Work and Pensions v Czop and another: (Joined Cases C-147/11 and C-148/11); [2012] WLR (D) 264 “Article 12 of Council Regulation (EEC) No 1612/68 on freedom of movement for workers within the Community conferred on the person who was the primary carer of a migrant worker’s or former migrant worker’s child who was attending educational courses in the host member state a right of residence in that state,… [read post]
4 Aug 2008, 9:36 am
R (Heffernan) v Rent Service; [2008] WLR (D) 279 “Rent officers, in identifying the ‘locality’ under Sch 1, Pt I to the Rent Officers (Housing Benefit Functions) Order 1997, as amended, needed to assemble only enough ‘neighbourhoods’ to satisfy the requirements of para 4(6)(c). [read post]
17 May 2011, 2:05 am
Bartlett and others v Secretary of State for Work and Pensions Case (C-537/09); [2011] WLR (D) 158 “The mobility component of disability living allowance constituted a special non-contributory benefit within the meaning of article 4(2a) of and Annex IIa to Council Regulation (EEC) No 1408/71 as amended by Council Regulation (EC) No 118/97 and Parliament and Council Regulation (EC) No 631/2005, and of Council Regulation (EEC) No 1408/71 as amended by Parliament and… [read post]
25 Apr 2012, 1:53 am
Wintersteiger AG v Products 4U Sondermaschinenbau GmbH (Case C-523/10); [2012] WLR (D) 117 “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 meant that an action relating to infringement of a trade mark registered in a member state because of the use, by an advertiser, of a keyword identical to that trade mark on a search engine website operating… [read post]
13 Mar 2012, 3:35 am
Huet v Université de Bretagne Occidentale (Case C-251/11); [2012] WLR (D) 71 “National legislation which provided for conversion of fixed-term employment contracts into an employment contract of indefinite duration when the fixed-term employment contracts reached a certain duration did not have to require that the employment contract of indefinite duration reproduced in identical terms the principal clauses set out in the previous contract. [read post]
21 Mar 2011, 6:14 am
Deutsche Lufthansa AG v Kumpan (Case C-109/09); [2011] WLR (D) 90 “Where an employee was first employed on a contract for an indefinite period and then subsequently employed by the same employer to carry out the same work on successive fixed-term contracts over a period of several years, clause 5(1) of the Framework Agreement on fixed-term work, which had the objective of preventing the abuse of the successive use of fixed-term contracts, had to be interpreted as… [read post]
