Results: 448

• R v Secretary of State for the Home Department, Ex parte Savas (Savas, Ex parte)

  11 May 2000 (Case C-37/98); EU:C:2000:224; [2000] 1 WLR 1828; [2000] All ER (EC) 627; [2000] ECR I-2927, ECJ

  Subsequent considerations : 1 neutral. Subsequent citations: 37.
  IMMIGRATION — Limited leave to enter — Overstayer

  EUROPEAN UNION — EEC-Turkey Association — Restrictions on freedom of establishment and right of residence
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  Case index catchwords

  IMMIGRATION — Limited leave to enter — Overstayer — Turkish national remaining and setting up business in breach of visa conditions — Challenge to deportation order in reliance on provisions of EEC-Turkey agreements — Whether provisions having direct effect — Whether capable of conferring rights of establishment and residence on applicant — EEC-Turkey Association Agreement, art 13 — Additional Protocol, art 41

  EUROPEAN UNION — EEC-Turkey Association — Restrictions on freedom of establishment and right of residence — Article 13 of the Association Agreement and Article 41 of the Additional Protocol — Direct effect — Scope — Turkish national unlawfully present in the host Member State

  1 Case considered
• Royscot Leasing Ltd v Customs and Excise Comrs

  05 Oct 1999 (Case C-305/97); [2000] 1 WLR 1151; EU:C:1999:481, ECJ

  Subsequent considerations : 1 positive. Subsequent citations: 19.
  REVENUE — Value added tax — Deductibility of input tax

  EUROPEAN UNION — VAT — Article 111 and 4 of the Second Directive
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  Case index catchwords

  REVENUE — Value added tax — Deductibility of input tax — Right of deduction excluded by member state in case of VAT on purchase of cars — Whether exclusion permissible even when cars essential tools of business or incapable of private use by taxpayer — Whether power of exclusion lapsing after period referred to in Community Directive — Council Directive (67/228/EEC), art 11(4) — Council Directive (77/388/EEC), art 17(6)

  EUROPEAN UNION — VAT — Article 111 and 4 of the Second Directive — Article 172 and 6 ofthe Sixth Directive — Right of deduction — Exclusions by national rules predatingthe Sixth Directive

  2 EU Enactments considered
• Centros Ltd v Erhvervs-og Selskabsstyrelsen

  09 Mar 1999 (Case C-212/97); EU:C:1999:126; [2000] Ch 446; [2000] 2 WLR 1048; [2000] All ER (EC) 481; [1999] ECR I-1459, ECJ

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 61.
  EUROPEAN COMMUNITY — Freedom of establishment — Body corporate

  EUROPEAN UNION — Freedom of establishment — Establishment of a branch by a company not carrying on any actual business
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  Case index catchwords

  EUROPEAN COMMUNITY — Freedom of establishment — Body corporate — Formation of company in member state where no minimum requirement for paid up share capital — Application to register branch in member state where minimum share capital of companies formed there required to be paid up — Intention to trade only in state where branch to be established — Whether abuse of right of establishment — Whether refusal of application contrary to right of freedom of establishment — Whether refusal justified — EC Treaty, arts 52, 58

  EUROPEAN UNION — Freedom of establishment — Establishment of a branch by a company not carrying on any actual business — Circumvention of national law — Refusal to register

  2 Case(s) considered

  1 EU Enactment considered
• Aprile Srl v Amministrazione delle Finanze dello Stato (No 2)

  17 Nov 1998 (Case C-228/96); EU:C:1998:544; [2000] 1 WLR 126, ECJ

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 39.
  EUROPEAN COMMUNITY — Limitation of action — Actions for recovery of sums paid but not due
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  Case index catchwords

  EUROPEAN COMMUNITY — Limitation of action — Actions for recovery of sums paid but not due — National rules imposing charges for customs operations — Rules held contrary to EC Treaty by European Court of Justice — Subsequent legislation imposing time limit for all claims for repayment of customs charges paid but not due — Amendment of customs charges rules — Whether enactment of time limit contrary to Community law — Whether reliance on time limit permissible

  5 Case(s) considered

• R v HM Treasury, Ex parte University of Cambridge

  03 Oct 2000 (Case C-380/98); EU:C:2000:529; [2000] 1 WLR 2514, ECJ

  Subsequent citations: 31.
  EUROPEAN COMMUNITY — Public procurement — Contracting authority

  EUROPEAN UNION — Public contracts — Procedure for the award of public contracts for services, supplies and works
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  Case index catchwords

  EUROPEAN COMMUNITY — Public procurement — Contracting authority — “Body governed by public law” — Meaning of “financed, for the most part, by” public body — When financing calculation to be made — Council Directive (93/37/EEC), art 1(b)

  EUROPEAN UNION — Public contracts — Procedure for the award of public contracts for services, supplies and works — Contracting authority — Body governed by public law

  2 Words & Phrases considered

  1 EU Enactment considered

• Commission of the European Communities v Ireland

  21 Sep 1999 (Case C-392/96); EU:C:1999:431; [2000] QB 636; [2000] 2 WLR 958, ECJ

  Subsequent citations: 27.
  EUROPEAN COMMUNITY — Council Directive — Transposition into national law

  EUROPEAN COMMUNITY — Environment — Environmental impact assessment

  EUROPEAN UNION — Environment — Directive 85/337/EEC
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  Case index catchwords

  EUROPEAN COMMUNITY — Council Directive — Transposition into national law — Defective transposition alleged — Whether necessary for Commission to demonstrate defect apparent in practical application of transposing legislation — Whether sufficient to demonstrate defect manifest in wording of legislation

  EUROPEAN COMMUNITY — Environment — Environmental impact assessment — Projects requiring assessment — Member states' discretion to set thresholds — Limits of discretion — Whether setting of threshold relating to size of project alone permissible — Council Directive (85/337/EEC), arts 2(1), 4(2)

  EUROPEAN UNION — Environment — Directive 85/337/EEC — Assessment of the effects of certainpublic or private projects — Setting of thresholds

  1 Case considered

  1 EU Enactment considered
• Universal General Insurance Co (UGIC) v Group Josi Reinsurance Co SA (Group Josi Reinsurance Company SA v Universal General Insurance Company (UGIC).)

  13 Jul 2000 (Case C-412/98); EU:C:2000:399; [2001] QB 68; [2000] 3 WLR 1625, ECJ

  Subsequent considerations : 3 positive; 1 neutral. Subsequent citations: 33.
  CONFLICT OF LAWS — Jurisdiction under European Convention — Claimant domiciled in non-member country

  CONFLICT OF LAWS — Jurisdiction under European Convention — Insurance

  EUROPEAN UNION — Brussels Convention — Personal scope
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction under European Convention — Claimant domiciled in non-member country — Action against defendant domiciled in member country — Whether Convention jurisdiction rules inapplicable by reason of claimant's domicile — Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 (as amended), Title II

  CONFLICT OF LAWS — Jurisdiction under European Convention — Insurance — Special Convention rules for “matters relating to insurance” — Whether applying to reinsurance — Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 (as amended), Title II, section 3

  EUROPEAN UNION — Brussels Convention — Personal scope — Plaintiff domiciled in a non-Contracting State — Material scope — Rules of jurisdiction in matters relating to insurance — Dispute concerning a reinsurance contract

  1 Words & Phrases considered

  1 International Agreement considered
• Pharmacia & Upjohn SA v Paranova A/S

  12 Oct 1999 (Case C-379/97); EU:C:1999:494; [2000] Ch 571; [2000] 3 WLR 303, ECJ

  Subsequent considerations : 1 neutral. Subsequent citations: 24.
  TRADE MARK — Proprietor’s rights — Exhaustion

  EUROPEAN UNION — Trade-mark rights — Pharmaceutical products
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  Case index catchwords

  TRADE MARK — Proprietor’s rights — Exhaustion — Products purchased in EC marketed elsewhere in EC after repackaging and rebranding — Trade mark proprietor's opposition — Whether restriction on imports — Whether artificial partitioning of market — EC Treaty, arts 30, 36 — Council Directive (89/104/EEC), art 7

  EUROPEAN UNION — Trade-mark rights — Pharmaceutical products — Parallel imports — Replacement of a trade mark

  3 Case(s) considered

  2 EU Enactments considered

• Unibank A/S v Christensen

  17 Jun 1999 (Case C-260/97); [2000] 1 WLR 1060; EU:C:1999:312, ECJ

  Subsequent citations: 7.
  PRACTICE — Judgment, enforcement of — Written acknowledgement of indebtedness
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  Case index catchwords

  PRACTICE — Judgment, enforcement of — Written acknowledgement of indebtedness — Instrument not attested by public authority — Enforceable under law of state where debt contracted — Whether enforceable in another state party to European Convention — Whether “authentic instrument” — Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 (as amended), art 50

  1 Words & Phrases considered

  1 International Agreement considered

• Somatra Ltd v Sinclair Roche & Temperley (Sinclair Roche & Temperley v Somatra Ltd)

  16 Dec 1999 [2000] 1 Lloyd's Rep 311, QBD (Timothy Walker J)

  26 Jul 2000 [2000] 1 WLR 2453; [2000] 2 Lloyd's Rep 673; The Times, 22 September 2000, CA

  Subsequent citations: 18.
  PRACTICE — Discovery — Privilege
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  Case index catchwords

  PRACTICE — Discovery — Privilege — “Without prejudice” communications — Deployment in interlocutory proceedings to expose weaknesses in opponent's case — Whether opponent having right to rely on same material at trial — Whether privilege waived

  1 Case considered

  1 Words & Phrases considered