Latest Cases

European Union – Environment. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of Annex IIB to Council Directive (EC) 1999/13 (Directive 1999/13). The request was made in proceedings between Nannoka Vulcanus Industries BV (Nannoka) and the Executive Board of the Provincial Committee for the Region of Gelderland; (the Board), concerning the Board's order requiring Nannoka to discontinue and rectify, on pain of imposition of periodic penalties, its infringement of the Netherlands legislation transposing Directive 1999/13. 

Adoption – Order. An application for the adoption of an 18 year old Pakistani national had been refused. The Court of Appeal, Civil Division, dismissed the prospective adopter's appeal as the judge had erred in his interpretation of s 1(2) of the Adoption and Children Act 2002 and in his assumption that, under s 1(5) of the British Nationality Act 1981, the adoptee would automatically assume British citizenship. 

European Union – Police and judicial co-operation in criminal matters. The Court of justice of the European Union refused to annul Council Implementing Decision(EU) 2014/26 on the basis that the council had not committed any breach of the treaties or any essential procedural requirements. 

Minor – Medical treatment. The Family Division granted the claimant NHS Trust's application for a declaration that it would not be unlawful to withdraw medical support devices which were keeping an 11-year-old boy alive where, on the evidence, he was dying and there was no hope of any intervention which could save his life. 

European Union – Data protection. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of arts 4(1)(a) and 28(1), (3) and (6) of Directive (EC) 95/46. The request had been made in proceedings between Weltimmo, a company which had its registered office in Slovakia, and the Hungarian data protection authority concerning a fine imposed by the latter for infringement of Hungarian Law CXII (on the right to self-determination as regards information and freedom of information), which had transposed Directive 95/46 into Hungarian law. 

Immigration – Asylum seeker. The applicant Sri Lankan national sought permission to challenge the lawfulness of the defendant Secretary of State's decision to refuse his claim under art 8 of the European Convention on Human Rights and to certify it under s 94B of the Nationality, Immigration and Asylum Act 2002. The Upper Tribunal (Immigration and Asylum Chamber), in refusing permission, held that the Secretary of State's decision to certify his claim was unarguably lawful, in particular, absent any specific evidence of serious irreversible harm to the claimant's child during the period of his absence whilst he pursued an appeal from abroad. 

European Union – Rules on competition. The Court of Justice of the European Union dismissed the appeal by Total Marketing Services SA (Total) by which Total sought to set aside the judgment of the General Court of the European Union in Total Raffinage Marketing v Commission: T‑566/08, by which that court had dismissed Total's application, primarily, for annulment in part of Commission Decision C(2008) 5476 final of 1 October 2008, relating to a proceeding under art 81 EC and art 53 of the European Economic Area Agreement, and, in the alternative, for annulment or reduction of the fine imposed on Total. 

Criminal law – Trial. The Court of Appeal, Criminal Division, allowed an appeal by the Crown Prosecution Service against a ruling staying an indictment for alleged historic sexual abuse as an abuse of the process of the court. The court held that, among other things, the matters identified by the judge did not lead to a reasonable conclusion that the defendant would not receive a fair trial. 

Contract – Terms. The Commercial Court ruled on preliminary issues which arose in a claim brought by Scottish Power against the defendant sellers for breach of long term sale and purchase agreements for the sale of natural gas. The issues concerned the contractual consequences arising from the defendants' failure to deliver gas to Scottish Power over a specific period. 

Patent – Infringement. The Patents Court dismissed an application for defendants' summary judgment in respect of a claim for, among other things, declaratory relief that rival products had infringed a patent concerning an electronic cigarette. Further, having weighed the competing considerations, it also dismissed an alternative application for a stay of that claim.