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4 Apr 2012, 2:24 am by sally
AH (Algeria) v Secretary of State for the Home Department [2012] EWCA Civ 395; [2012] WLR (D) 106 “In looking to the question whether an asylum seeker, who had been a member of a terrorist organisation and convicted of a crime outside the country of refuge, fell to be excluded from the Refugee Convention pursuant to article 1F(b) and (c) thereof, one had to avoid applying a presumption of individual liability; and in asking whether the crime in question was… [read post]
26 Dec 2007, 12:31 am
In C v D [2007] EWCA Civ 1282, D insured C under a Bermuda Form policy that provided for London arbitration and was governed by New York Law. [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]
14 Mar 2011, 3:44 am by traceydennis
Casteels v British Airways plc (Case C-379/09); [2011] WLR (D) 85 “Article 48FEU of the FEU Treaty, concerning the adoption of measures in the field of social security, could not be relied on by an individual against his private sector employer in a dispute before a national court. [read post]
11 Mar 2011, 2:56 am by traceydennis
Ruiz Zambrano v Office national de L’emploi (ONEm) (Case C-34/09); [2011] WLR (D) 81  ”A third country national with dependent children who were European citizens, had, pursuant to article 20FEU of the FEU Treaty, a right of residence in the member state of residence and nationality of those children and was entitled to a work permit in so far as this enabled the children to enjoy the substance of the rights attaching to the status of European… [read post]
23 Jul 2012, 5:12 am by tracey
Mahamdia v People’s Democratic Republic of Algeria: (Case C-154/11);  [2012] WLR (D)  218 “An embassy situated in a member state of the European Union was an ‘establishment’ within the meaning of article 18(2) of Council Regulation (EC) No 44/2001, in the context of a dispute concerning a contract of employment concluded by the embassy on behalf of the sending state, where the functions carried out by the… [read post]
26 Sep 2008, 10:30 am
Jim Chen (University of Louisville - Louis D. [read post]
14 Apr 2011, 2:15 am by sally
Staatssecretaris van Financiën v Sony Supply Chain Solutions (Europe) BV, formerly Sony Logistics Europe BV (Case C-153/10); [2011] WLR (D) 130 “A person who made customs declarations in his own name and on his own behalf could not rely on a binding tariff information of which he was not the holder, but which associated company on whose instructions he made those declarations. [read post]
27 May 2011, 3:11 am by sally
Iaia v Ministero dell’Istruzione, dell’Università e della Ricerca (Case C-452/09); [2011] WLR (D) 180 “A member state could rely on the expiry of a reasonable limitation period as a defence in legal proceedings brought by an individual seeking compensation for the member state’s failure to implement a Directive correctly provided the member state was not responsible for the delay in the claimant’s ability to… [read post]