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8 Dec 2011, 8:07 am by tracey
Secretary of State for Work and Pensions v Elmi: [2011] EWCA Civ 1403;  [2011] WLR (D)  353 “A person from abroad who had ticked a form at a job centre to confirm she was seeking work and then applied for income support satisfied the requirement in article 7(3)(c) of the Citizens Direction that she was registered as a job seeker and was entitled to income support.” WLR Daily, 18th October 2011 Source: www.iclr.co.uk [read post]
7 Jun 2008, 2:18 pm
The Court of Justice handed down an important judgment in Case C-164/07 James Wood v. [read post]
10 Dec 2010, 2:14 am by traceydennis
R (Tilianu) v Secretary of State for Work and Pensions [2010] EWCA Civ 1397; [2010] WLR (D) 320 ” ‘Employment’ within the meaning of art 7(3)(b) and (c) of Directive 2004/38/EC did not include self-employment, with the result that an EU citizen who was no longer self-employed did not retain the status of worker and had no right to reside. [read post]
8 Nov 2017, 1:17 am by EMMA FOUBISTER, MATRIX
On 1 November 2017, the Supreme Court unanimously dismissed the appeal in R (C) v Secretary of State for Work and Pensions [2017] UKSC 72, relating to whether, in the context of awarding Jobseeker’s Allowance (‘JSA’), the State unjustifiably interfered with the right of transgender persons to have information about their gender reassignment kept private. [read post]
6 Jun 2011, 3:46 am by tracey
Berliner Verkehrsbetriebe (BVG) v JP Morgan Chase Bank NA (Case C-144/10);  [2011] WLR (D)  188 “The exclusive jurisdiction, conferred by article 22(2) of Council Regulation (EC) No 44/2001, on the courts of the member state in which a company had its seat, was confined to proceedings whose principal subject matter comprised the validity of the constitution, the nullity or the dissolution of the company, or the validity of the… [read post]
16 Feb 2011, 1:37 am by sally
Vicoplus SC PUH v v Minister van Sociale Zaken en Werkgelegenheid; BAM Vermeer Contracting sp. zoo v Same; Olbek Industrial Services sp. zoo v Same (Case C-307/09 to C-309/09); [2011] WLR (D) 46 “Articles 56FEU and 57FEU of the FEU Treaty did not preclude a member state from making the hiring out on its territory of workers who were Polish nationals subject to the obtaining of a work permit during the transitional period… [read post]
18 Nov 2011, 1:54 am by tracey
eDate Advertising GmbH v X: Martinez and another v MGN Ltd; (Joined Cases C-509/09 and C-161/10);  [2011] WLR (D)  330 “Under article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 a person who considered that his privacy rights had been infringed by content placed online on an internet website had the option of bringing an action either before the courts of the member state in which the publisher of… [read post]
20 Nov 2012, 1:43 pm by Allard Knook
The Court held that that the procedure established under Art. 259 TFEU was designed to obtain a declaration that the conduct of a Member State was in breach of EU law and to terminate that conduct (see, to that effect, Joined Cases 15/76 and 16/76 France v Commission [1979]; Case C-456/05 Commission v Germany [2007]; and Joined Cases C-514/07 P, C-528/07 P and C-532/07 P Sweden and Others v API and Commission [2010]).Thus, as… [read post]
25 Oct 2017, 5:15 am by Peter Reap
C&D Zodiac, Inc, United States Court of Appeals, Federal Circuit, No. 2016-1496, 03 October 2017 appeared first on Kluwer Patent Blog. [read post]
17 Dec 2010, 3:15 am by traceydennis
DD (Afghanistan) v Secretary of State for the Home Department [2010] EWCA Civ 1407; [2010] WLR (D) 330 “Section 54 of the Immigration, Asylum and Nationality Act 2006, on the construction of art 1F(c) of the Convention and Protocol Relating to the Status of Refugees (1951) (Cmd 9171), confirmed by statute that acts of individuals might be acts contrary to the purposes and principles of the United Nations, which ‘included’ acts instigating… [read post]
12 May 2011, 3:20 am by sally
McCarthy v Secretary of State for the Home Department (Case C-434/09); [2011] WLR (D) 153 “Parliament and Council Directive 2004/38/EC was not applicable to a European Union citizen who had never exercised their right of free movement, who had always resided in a member state of which they were a national and who was also a national of another member state. [read post]
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]
21 Feb 2011, 10:52 am by sally
Haribo Lakritzen Hans Riegel Betriebs GmbH v Finanzamt Linz; Osterreichische Salinen AG v Same(Joined Cases C-436/08 and C-437/08); ; [2011] WLR (D) 49 “Legislation of a member state which discriminated against portfolio dividends received by a resident company from a company resident in a non member state party to an EEA Agreement, was contrary to the principle of free movement of capital, where that discrimination was based upon… [read post]