Latest Cases

European Union – Customs and excise. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things, that art 1(2) and the first sub-paragraph of art 3(1) of Council Regulation (EC, Euratom) No 2988/95 should be interpreted as meaning that, in circumstances such as those at issue in the main proceedings where the infringement of a provision of EU law had been discovered only after the occurrence of a prejudice, the limitation period began to run from the time when both the economic operator's act or omission that had infringed EU law and the prejudice caused to the budget of the EU or budgets managed by it had occurred. 

Arbitration – Award. The Commercial Court, in dismissing the claimant's challenge to an arbitrator's award, held that there had been no inconsistency between the arbitrator's conclusion and that of a UNCITRAL tribunal by which he had rightly accepted he had been bound. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Enosi Mastichoparagogon Chiou (Enosi) against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to opposition proceedings between Gaba International Holding GmbH and Enosi concerning the application by the latter for international registration of the word sign 'ELMA' as a Community trade mark. 

Practice – Summary judgment. The Chancery Division considered an application to strike out a large number of claims brought by Chinese parties in relation to alleged cartel activity by the first defendant airline and others. The court held that none of the claims had been properly commenced, and the entire action would be struck out. 

European Union – Equal treatment in employment and occupation. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of arts 2, 3(1)(c) and 6(1) of Council Directive (EC) 2000/78. The request had been made in proceedings between Mr Unland and the Land Berlin concerning the detailed rules governing the reclassification and career progression of judges in that region under the new remuneration system applicable to such judges. 

Minor – Removal outside jurisdiction. On the father's application, under the 1980 Hague Convention of the Civil Aspects of International Child Abduction, the Family Division ordered that his son be returned to Israel forthwith. It was a condition of the order that, among other things, the father signed written undertakings. The court held that the mother's retention of the child in England had been wrongful. On the basis of the undertakings offered by the father, the mother had failed to establish the defence under art 13(b) of the Hague Convention. 

Family proceedings – Orders in family proceedings. The Family Division approved an agreed order with regard to the reporting of a case in which the local authority had initially sought to obtain a reporting restriction order. The court found it necessary to point out that it was important that if and when local authorities and the media came to realise that there was an issue between them about how much should be reportable and on what terms, there should be sensible and responsible dialogue as soon as possible, with a view to finding an early modus vivendi. 

Family proceedings – Orders in family proceedings. The Family Division dismissed the father's application, under the court's inherent jurisdiction, for an order that his child should move to live in Algeria and for a stay of the mother's proceedings in England. It held, among other things, that it was clearly not in a position to decide, on a summary basis, that it would be in the child's best interests to make the orders sought. To make a summary order uprooting her from her home and requiring her to move with her mother to Algeria would be contrary to her best interests. 

European Union – Employment. The Court of Justice of the European Union gave a preliminary ruling, deciding that the principle of non-discrimination on grounds of age enshrined in art 21 of the Charter of Fundamental Rights of the European Union and given specific expression by Directive (EC) 2000/78 should be interpreted as not precluding national legislation under which an end-of-contract payment, paid in addition to an employee's salary on the expiry of a fixed-term employment contract where the contractual relationship was not continued in the form of a contract for an indefinite period, was not payable in the event that the contract was concluded with a young person for a period during his school holidays or university vacation. 

Practice – Pre-trial or post-judgment relief. Judgment had been given by a court in Moscow against the first defendant Russian founder of the first claimant bank, Sergei Pugachev, for approximately US$1.5bn, in respect of which an appeal was pending. The Chancery Division continued a freezing order, by consent, and made further orders in respect of the claimants' application for an extension a passport order in respect of Pugachev and for additional disclosure from a company associated with him.