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24 May 2012, 1:54 am by sally
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’… [read post]
10 Oct 2011, 2:47 am by sally
Football Association Premier League Ltd and others v QC Leisure and others; Murphy v Media Protection Services Ltd (Joined Cases C-403/08 and C-429/08); [2011] WLR (D) 286 “The clauses of an exclusive licence agreement concluded between a holder of intellectual property rights and a broadcaster constituted a restriction on competition prohibited by article 101FEU of the FEU Treaty where they obliged the broadcaster not to supply decoding devices… [read post]
5 Mar 2009, 2:33 am
Essex Trading Standards v Singh; [2009] WLR (D) 81 “In order to acquit a defendant of a charge of unauthorised use of registered trade marks in relation to goods, contrary to s 92(1)(c) of the Trade Marks Act 1994, under the statutory defence provided by s 92(5) of the Act, it was not enough for the [...] [read post]
23 Feb 2009, 2:00 am
Commune de Sausheim v Azelvandre (Case C-552/07); [2009] WLR (D) 64 “The national authorities could not rely on the protection of public order or other interests in order to oppose the disclosure of information on the location of the release of GMOs into the environment. [read post]
29 Jun 2011, 1:48 am by sally
Gebr Weber GmbH v Wittmer Putz v Medianess Electronics GmbH Joined cases C-65/09 and C-87/09; [2011] WLR (D) 210 “Where consumer goods, installed in good faith by the consumer, were not in conformity with the contract under which the consumer had purchased and and were restored to conformity by way of replacement, the seller was obliged pursuant to article 3(2)(3) of Parliament and Council Directive 1999/44/EC either to remove the goods from where… [read post]
28 Jun 2011, 2:34 am by sally
Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen v Akdas and others Case C-485/07; [2011] WLR (D) 209 “The first sub-paragraph of article 6(1) of the EEC-Turkey Association Council Decision 3/80 of 19 September 1980 on the application of the social security schemes of the member states of the European Communities to Turkish workers and members of their families (OJ 1983 C 110, p 60), which provided for the export of certain specified… [read post]
13 Dec 2021, 12:49 am by Rose Hughes
However, in a decision of the Irish Court of Appeal in Merck v Clonmel [2021] IECA 54, an SPC for a combination product INEGY (ezetimibe and simvastatin) was found not to contravene Article 3(d). [read post]
7 Sep 2012, 2:39 am by tracey
Rahman and Others v Secretary of State for the Home Department: Case C-83/11;   [2012] WLR (D)  259 “Member states of the EU were not required to grant every application for entry or residence submitted by family members of a Union citizen who did not fall under the definition in article 2(2) of Parliament and Council Directive 2004/38/EC of 29 April 2004 , even if they showed, in accordance with article 10(2), that they were dependants of that… [read post]
10 Mar 2011, 3:05 am by sally
Claes v Landsbanki Luxembourg SA (in liquidation) (Joined Cases C-235/10–239/10); [2011] WLR (D) 74 “Articles 1 and 3 of Council Directive 98/59/EC, concerning the procedure to be adopted upon collective redundancies, applied to the termination of the activities of an employing establishment as a result of a judicial winding up on grounds of insolvency, even where, in the event of such a termination, national legislation provided for the termination of… [read post]
18 Jun 2012, 2:56 am by sally
Auto 24 SARL v Jaguar Land Rover France SAS (Case C-158/11); [2012] WLR (D) 175 “It had to be possible to verify the precise content of ‘specified criteria’ upon which a quantitative selective distribution system in the motor vehicle sector was granted pursuant to article 1(1)(f) of Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the… [read post]
18 Jun 2012, 2:56 am by sally
Auto 24 SARL v Jaguar Land Rover France SAS (Case C-158/11); [2012] WLR (D) 175 “It had to be possible to verify the precise content of ‘specified criteria’ upon which a quantitative selective distribution system in the motor vehicle sector was granted pursuant to article 1(1)(f) of Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the… [read post]
18 Jun 2012, 2:56 am by sally
Auto 24 SARL v Jaguar Land Rover France SAS (Case C-158/11); [2012] WLR (D) 175 “It had to be possible to verify the precise content of ‘specified criteria’ upon which a quantitative selective distribution system in the motor vehicle sector was granted pursuant to article 1(1)(f) of Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the… [read post]
18 Jun 2012, 2:56 am by sally
Auto 24 SARL v Jaguar Land Rover France SAS (Case C-158/11); [2012] WLR (D) 175 “It had to be possible to verify the precise content of ‘specified criteria’ upon which a quantitative selective distribution system in the motor vehicle sector was granted pursuant to article 1(1)(f) of Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the… [read post]
18 Jun 2012, 2:56 am by sally
Auto 24 SARL v Jaguar Land Rover France SAS (Case C-158/11); [2012] WLR (D) 175 “It had to be possible to verify the precise content of ‘specified criteria’ upon which a quantitative selective distribution system in the motor vehicle sector was granted pursuant to article 1(1)(f) of Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the… [read post]
18 Jun 2012, 2:56 am by sally
Auto 24 SARL v Jaguar Land Rover France SAS (Case C-158/11); [2012] WLR (D) 175 “It had to be possible to verify the precise content of ‘specified criteria’ upon which a quantitative selective distribution system in the motor vehicle sector was granted pursuant to article 1(1)(f) of Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the… [read post]
18 Feb 2009, 2:33 am
Elgafaji and another v Staatssecretaris van Justitie (Case C-465/07); [2009] WLR (D) 59 “For a person to be eligible for subsidiary protection status on the ground that there was a serious and individual threat to his life, it was not essential for him to prove that he was specifically targeted, but it could exceptionally be sufficient [...] [read post]