EU Law
Latest business news about EU law, legal issues and the European Court of Justice
CASELEX:EU:2003:188 - European Court of Justice, European Union Freedom Of Movement Law, Taxation Law
European Court of Justice, European Union Freedom Of Movement Law, Taxation Law
CASELEX:EU:2003:187 - European Court of Justice, European Union Consumer Protection Law, ICT And Media Law
European Court of Justice, European Union Consumer Protection Law, ICT And Media Law
CASELEX:EU:2007:168 - European Court of Justice, European Union Freedom Of Movement Law
European Court of Justice, European Union Freedom Of Movement Law
CASELEX:EU:2006:159 - European Court of Justice, European Union Competition Law, Taxation Law
European Court of Justice, European Union Competition Law, Taxation Law
CASELEX:EU:2006:158 - European Court of Justice, European Union Intellectual Property Law
European Court of Justice, European Union Intellectual Property Law
CASELEX:EU:2008:122 - European Court of Justice, European Union European Administrative Law, Environmental Law, Transport Law
European Court of Justice, European Union European Administrative Law, Environmental Law, Transport Law
CASELEX:EU:2008:123 - European Court of Justice, European Union Employment Law, Private International Law, Freedom Of Movement Law
European Court of Justice, European Union Employment Law, Private International Law, Freedom Of Movement Law
CASELEX:EU:2010:13 - Public Procurement Law - Procedures for review of the award of public contracts
This reference for a preliminary ruling has been made by the High Court of Justice (England and Wales) in the context of a dispute between the applicant, Uniplex (UK) Ltd (‘Uniplex’), and the defendant, NHS Business Services Authority (‘NHS’), concerning the conclusion of a framework agreement.
CASELEX:EU:2010:14 - Employment Law - Protection of employees’ representatives
This reference for a preliminary ruling has been made by the Vestre Landsret (Western Regional Court) (Denmark) in the context of a dispute between the applicant, the Danish Association of Engineers (Ingeniørforeningen i Danmark) (‘IDA’), acting on behalf of Mr Bertram Holst, a former employee of the company Babcock & Wilcox Vølund ApS (‘BWV’), and the defendant, the Confederation of Danish Employers (Dansk Arbejdsgiverforening) (‘DA’), acting on behalf of BWV, concerning the dismissal of Mr Holst by BWV.
CASELEX:EU:2000:5 - IP Law - protection of industrial and commercial property
A Member State failed to fulfil its obligations under Articles 30 of the EC Treaty (now, after amendment, Article 28 EC) when it detained presumably counterfeit goods under customs control on the pretext of protecting the registered design right and copyright of the goods. However, because intra-Community transit did not involve the use of the appearance of the goods’ protected design, the transit did not form part of the specific subject-matter of the protected rights of the goods.
CASELEX:EU:2008:101 - IP Law - Protection of the confidentiality of electronic communications
This reference for a preliminary ruling concerns the interpretation of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ 2000 L 178, p. 1), Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10), Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ 2004 L 157, p. 45, and corrigendum, OJ 2004 L 195, p. 16), and Articles 17(2) and 47 of the Charter of Fundamental Rights of the European Union proclaimed in Nice on 7 December 2000 (OJ 2000 C 364, p. 1, ‘the Charter’).
CASELEX:EU:2009:120 - IP Law - Exhaustion of trade mark proprietor’s rights
This reference for a preliminary ruling was made by the Hoge Raad der Nederlanden (Supreme Court of the Netherlands) (Netherlands) in proceedings between the applicants, Makro Zelfbedieningsgroothandel CV (‘Makro’), Metro Cash & Carry BV and Remo Zaandam BV, on the one hand, and the defendant, Diesel SpA (‘Diesel’), on the other hand, with regard to the marketing by Makro of shoes bearing a trade mark owned by Diesel, without Diesel’s express consent.
Consumer protection law - contracts negotiated away from business premises - CASELEX:EU:2009:160
Directive 85/577/EEC – Article 4 – Consumer protection – Contracts negotiated away from business premises – Right of cancellation – Obligation on the trader to give notice of that right – Contract void – Appropriate measures.
Public procurement - Community tendering procedure - CASELEX:EU:2009:162
Pursuant to Community public procurement law, when a tenderer had submitted an ambiguous offer in a tender organised by the Commission of the European Communities and the Commission could resolve the ambiguity by contacting that tenderer, the Commission was obliged to contact the tenderer in order to establish the actual meaning of the tender. In such a case, to reject the offer without contacting the tenderer would be contrary to the principles of sound administration, equal treatment, proportionality and legal certainty. Such was the case when the tenderer had omitted to indicate the price of a given item but that price could be easily deduced from the price of an identical or similar item in the offer, as it was a matter of clarification, and not modification, of the initial offer of the tenderer.
Public procurement - Failure of a Member State to fulfil obligations - CASELEX:EU:2009:139
Failure of a Member State to fulfil obligations – Public procurement - Directive 93/38/EEC - Contract notice - Consultancy project - Criteria for automatic exclusion - Qualitative selection and award criteria - ACTION under Article 226 EC for failure to fulfil obligations, brought on 12 April 2007, Commission of the European Communities v Hellenic Republic
Social policy - Protection of pregnant workers and workers who have recently given birth or are breastfeeding - CASELEX:EU:2009:130
Dismissed pregnant workers must enjoy effective judicial protection of their rights under Community law, following a Judgement of the European Court of Justice in Luxembourg on 29 October 2009
Failure of a Member State to fulfil obligations - Freedom to provide services - CASELEX:EU:2009:94
Spanish legislation that exempted from tax all winnings from lotteries, games of chance and betting organised by public bodies or entities pursuing social or charitable non-profit-making activities that were established in Spain was a restriction on the freedom to provide services of similar bodies and entities established in other Member States and was contrary to Article 49 EC and Article 36 of the EEA Agreement, as that exemption did not apply to those bodies and entities established in other Member States. Such an exemption could not be justified on the grounds of prevention of money laundering, public health or other socio-economic reasons.
Failure of a Member State to fulfil obligations – Directive 75/442/EEC - Waste - European Court of Justice Judgement - CASELEX:EU:2009:133
Waste waters fell outside the scope of the Waste Directive 75/442/EEC only if, and to the extent that, they were governed by ‘other legislation’ at the Community or local level. Since no other Community legislation regulated domestic waste waters disposed of in the countryside through septic tanks and other individual water-waste treatment systems, the Republic of Ireland was obliged to adopt the necessary provisions, as regards such waste waters. By failing to do so, Ireland had failed to fulfil its obligations under Articles 4 and 8 of the Waste Directive.
Public works contracts obligations - Judgement of European Court of Justice - CASELEX:EU:2009:132
Failure of a Member State to fulfil obligations – Public works contracts – Directive 93/37/EEC
Sexual discrimination case - Bulgaria - CASELEX:BG:2009:42
In an action brought by a female worker claiming that she had been sexually harassed within the meaning of Article 5 in conjunction with Section 1(2) of the Protection from Discrimination Act 2003, transposing Article 2(2)(a) in conjunction with Article 1(d) of Directive 2006/54/EC, the testimony of witnesses reproducing her story was valid evidence -- not of the circumstances known only to the harasser and the victim but of the victim's behaviour, remarks and reactions to the harassment - Judgement by Bulgaria's Supreme Administrative Court.