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10 Dec 2008, 8:09 am
In the recent case of Downs v Secretary of State for Environment, Food and Rural Affairs [2008] EWHC 2666 Mr Justice Collins was asked to consider whether the defendant was complying with EC Directive (91/414/EEC) (the Directive) which was implemented in the UK by the Plant Protection Products Regulations 2005. [read post]
12 Sep 2010, 11:17 pm
Reference for a preliminary ruling from the Bundesgerichtshof, Germany, in case C- 256/09 was lodged on 10 July 2009 (see V. [read post]
24 Feb 2009, 3:05 pm
So earlier today I mentioned the cert grant in Salazar v. [read post]
20 Nov 2008, 10:08 pm
The Court of Justice has handed down a neat judgment in Case C-209/07 Competition Authority v. [read post]
5 Mar 2010, 7:22 am
Corp. v. [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]
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]
10 Feb 2009, 3:22 am
The Advocate General stated that it was incompatible with EC regulation 44/2001 (Regulation) for a court of a Member State to injunct a person from commencing or continuing proceedings in another Member State on the ground that it would be contrary to an arbitration agreement. [read post]
28 Nov 2019, 8:03 pm
Secretary of State for Transport & Anor [read post]
8 Jun 2007, 10:48 am
Boekhout v. [read post]
25 Apr 2014, 3:31 pm
In Morrison v. [read post]
25 Oct 2011, 4:31 am
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]
1 Sep 2016, 2:22 am
Since the EC has to live with the E-Commerce Directive, because citizens clearly support it, it does a trick. [read post]
24 May 2012, 1:54 am
I v Oberbürgermeisterin der Stadt Remscheid (Case C-348/09); [2012] WLR (D) 157 “An individual who had committed an offence, including those referred to in article 83(1)FEU of the FEU Treaty, such as the sexual exploitation of children, could be regarded as constituting a particularly serious threat to one of the fundamental interests of society and therefore could be excluded from a host member state on ‘imperative ground[s] of public security’ pursuant to… [read post]
13 Mar 2012, 3:35 am
However, in order not to undermine the practical effect of, or the objectives pursued by, Council Directive 1999/70/EC, the member state concerned had to ensure that the conversion of fixed-term employment contracts into an employment contract of indefinite duration was not accompanied by material amendments to the clauses of the previous contract in a way which was, overall, unfavourable to the person concerned when the subject-matter of that person’s tasks and the nature of… [read post]
11 Sep 2007, 2:32 pm
Accordingly, the member States remain competent and they can decide whether or not Article 33 has direct effect. [read post]
6 Dec 2011, 2:08 am
Koninklijke Philips Electronics NV v Lucheng Meijing Industrial Co Ltd and others; Nokia Corpn v Revenue and Customs Comrs (Internationak Trademark Association intervening) (Joined Cases C-446/09 and C-495/09); [2011] WLR (D) 349 “Goods coming from a non-EU state which were imitations of goods protected in the European Union by a trade mark or copies of goods protected in the EU by copyright could not be classified as “counterfeit goods” within the… [read post]
20 Apr 2016, 2:00 am
In regards to the proportionality argument, Lord Clarke stated that, in this case, the absence of a specified time limit for detention does not infringe the principles in R v Governor of Durham Prison, Ex P Hardial Singh [1984] 1 WLR 704. [read post]
27 Jul 2016, 3:04 am
Reg 21 gives effect to articles 27 and 28 of Dir 2004/38/EC. [read post]
21 Nov 2007, 4:07 pm
Denmark, paragraph 45; and Case C-24/00 Commission v. [read post]
