Latest Cases

European Union – Workers. The Court of Justice of the European Union ruled that a general exclusion of nationals of other member states from access to the post of president of an Italian port authority constituted discrimination on grounds of nationality prohibited by art 45(1) to (3) of the Treaty on the Functioning of the European Union (TFEU). It followed that, in circumstances such as those at issue in the main proceedings, art 45(4) TFEU should be interpreted as not authorising a member state to reserve to its nationals the exercise of the duties of president of a port authority. 

European Union – Trademarks. The Court of Justice of the European Union gave a preliminary ruling on the interpretation of art 3(1)(e) of the First Council Directive (EEC) 89/104 (the trade marks directive). The request for a preliminary ruling was made in the course of proceedings between Hauck GmbH & Co KG and Stokke A/S and others concerning an application for the annulment of the Benelux trade mark registration of a sign in the shape of a children's chair marketed by Stokke A/S and others. 

Passing off – Descriptive name. The claimant, which operated a state secondary school in London known as 'Cranford Community College', brought an action for passing off against the defendant, which traded as 'Cranford College' and which operated in the same area. The Intellectual Property and Enterprise Court, in dismissing the claim, held, among other things, that, on the evidence, no goodwill or misrepresentation had been established. 

European Union – Value added tax. The Court of Justice of the European Union made a preliminary ruling on the interpretation of the first subpara of art 98(2) of, and point 6 of Annex III to, Council Directive (EC) 2006/112, as amended. The request had been made in proceedings between a publishing company and the Finnish tax board, and the issue was whether the Directive had to be interpreted as precluding national legislation, such as that at issue in the main proceedings, under which books published in paper form were subject to a reduced rate of VAT and books published on other physical supports, such as CDs, CD-ROMs or USB keys, were subject to the standard rate of VAT. 

European Union – Value added tax. The Court of Justice of the European Union made a preliminary ruling related to the interpretation of arts 2, 9(1), 11, 56, 193 and 196 of Council Directive (EC) 2006/112 (on the common system of value added tax). The request had been made in proceedings between Skandia America Corp. (USA), filial Sverige (Skandia Sverige), and the Swedish tax authorities, regarding the latter's decision to charge VAT on the supply of services by Skandia America Corp., established in the United States, to its branch Skandia Sverige. 

Patent – Infringement. The Patents Court found that CompactGTL had infringed European Patents (UK) Nos 1 206 508 and 1 206 509, which related to catalysts for use in the Fisher-Tropsch (FT) process, which was used for so-called gas-to-liquid conversion of hydrocarbons. The court also allowed Velocys' application to amend the patents on the grounds of obvious mistake. 

Contract – Breach. The claimant employment agency and employment business supplied temporary agency workers to the defendant manufacturer under a series of contractual arrangements. The defendant decided to end the relationship and to source agency workers from another supplier. The Commercial Court allowed certain of the claimant's claims for sums said to be due from the defendant. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Micrus Endovascular Corp (Micrus) for annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning opposition proceedings between Laboratoires Delta and Micrus relating to the application by Micrus for registration of the word sign 'DELTA' as a Community trade mark. 

Immigration – Leave to appeal – Judicial review. Court of Session: Refusing a judicial review petition by a petitioner whose application for indefinite leave to remain was refused and who sought reduction of a decision of the Upper Tribunal (UT) refusing him leave to appeal against the First Tier Tribunal's dismissal of his appeal, the court held that there was no error of law by the UT judge, never mind a material error, and the petitioner had failed to demonstrate a compelling reason for a further appeal. 

Lending and security – Enforcement. Sheriff Court: Refusing an appeal in an action in which the sheriff concluded that it was reasonable to grant the pursuer's application for declarator that the defenders were in default of standard securities and warrant to enter into possession of the security subjects, the court held that the sheriff's decision was one which he was entitled to make in the exercise of his discretion in light of all the information before him.