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 – Consumer protection. In response to a question referred for a preliminary ruling, the Court of Justice of the European Union held that art 22(1) of European Parliament and Council Regulation (EC) 1008/2008 had to be interpreted as precluding a national law that required air carriers to carry, in all circumstances, not only the passenger, but also baggage checked in by him, provided that the baggage complied with certain requirements as regards, in particular, its weight, for the price of the plane ticket and without it being possible to charge any price supplement to carry such baggage. 

Human rights – Right to liberty and security. Following his brother's death after having been detained by United Kingdom armed forces in Iraq, the applicant lodged an application against the UK, alleging, among other things, breaches of art 5 of the European Convention on Human Rights. The European Court of Human Rights, in dismissing the application, held that, although the brother had fallen within the jurisdiction of the UK, his detention had not been arbitrary and there had been no violation of art 5 of the Convention. 

Practice – Interim remedy. The claimants asserted that they were recruited by British forces in Afghanistan as covert human intelligence sources (CHIS). In the instant urgent application for interim relief, they sought orders that the defendants take all steps necessary to provide them with secure accommodation in Afghanistan and associated living expenses. The Administrative Court, in dismissing the application, rejected the application based on the claimants' private law claims. Further, the government's policy concerning support locally employed staff did not apply to the very different position of CHIS and the British state had had no jurisdiction over the claimants with respect to their claim based on the European Convention on Human Rights. 

European Union – Value added tax. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 5(7)(a) of Sixth Council Directive (EEC) 77/388 (on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment). The request had been made in proceedings between the Municipality of 's‑Hertogenbosch, Netherlands (the Gemeente); and the Netherlands State Secretary for Finance concerning the Gemeente's right to deduct input VAT which it had paid in respect of the construction costs of a new municipal building. 

Damages – Personal injury. The defendants admitted the negligent exacerbation of the claimant's T7 paraplegia by deep (grade 4) pressure sores with the consequent infection of the bone marrow, abnormal shortening of the muscle tissue of her legs and a hip dislocation. The Queen's Bench Division considered the extent to which the claimant's condition had been made worse and what damages should be paid. Applying the principle that a tortfeasor had to take his victim as he found him and make full compensation for their worsened condition, the court found the defendants' negligence had made the claimant's position materially and significantly worse than it would have been but for that negligence. 

European Union – Freedom of establishment. The Court of Justice of the European Union held that the obligation laid down in art 45 of Council Directive (EEC) 85/611, under which an undertakings for collective investment in transferable securities which marketed its units within the territory of a member state other than that in which it was situated was required to make payments to unit holders in the member state of marketing, had to be interpreted as not including the delivery to unit holders of certificates providing evidence of title to units which were registered in their name in the register of unit holders kept by the issuer. 

Company – Articles of association. The Court of Appeal, Civil Division, allowed the claimants' appeal, preferring the claimants' interpretation of the voting provisions contained in the articles of association of a management company of a residential development. 

Cohabitants – Financial provision – Time-bar. Sheriff Court: Refusing an appeal against a sheriff's decision in a case in which the pursuer claimed payment of a capital sum from the defender following termination of their cohabitation, the court held that the sheriff had not erred in repelling the defender's preliminary plea that the pursuer's claim was time barred. 

European Union – Trademarks. The General Court of the European Union dismissed the action brought by Galileo International Technology LLC (Galileo) for annulment of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in which the Board had rejected Galileo's opposition to registration of the figurative sign 'GALILEO'.