The essence of the appellant’s case is that the state and its emanation, the police force, failed to take appropriate steps to discharge their positive obligation under art. 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) to protect the appellant and her young daughter against the infliction upon them of inhuman and degrading treatment. It was also claimed that the police had discriminated against them in their handlin ...
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Domestic and EU Legislation:
On his fishing boat and between 1986 and 1991 the pursuer carried monofilament gill nets contrary to the Inshore Fishing (Prohibition of Carriage of Monofilament Gill Nets) Order 1986. This order was subsequently revoked by the Inshore Fishing (Monofilament Gill Nets) (Scotland) Order 1996 which replaced the blanket ban with a prohibition on the carrying ofmonofilament nets with a mesh size of less than 250 mm.The pursuer went to trial at Fort William Sheriff Court where he was acquitted by the ...
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A Member State is not obliged, when checking to ensure that the minimum wage is being paid to workers posted from another Member State, to take all allowances and supplements into account.
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The costs of medical treatment of a person holding forms E111 and E112 who, for urgent medical reasons, has to be admitted to hospital in a non-Member State must be borne, in accordance with its rules, by the social security institution of the Member State of stay on behalf of the institution of the Member State of affiliation
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According to Advocate General Poiares Maduro a group relief scheme which does not allow a parent company to deduct the losses of its subsidiaries established abroad under any circumstances is incompatible with Community law.
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Without being the owner of a trade mark, a third party may use it in order to indicate the intended purpose of a product which it markets. Such use must, however, satisfy the criterion of necessity and fulfil the condition of ‘honest practices in industrial and commercial matters’.
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Assistance covering maintenance costs of students falls within the scope of application of the EC Treaty for the purposes of prohibition of discrimination on grounds of nationality.
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Distance contracts for car hire are not covered by the right to a full refund in the event of cancellation by the consumer.
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The VAT (Input Tax)(Persons Supplied) Order 1991 permitting employers to deduct VAT on sums reimbursed to employees for vehicle fuel they buy is incompatible with EC law.
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Gloster J held that an arbitration award could be enforced against Lithuania. Although Lithuania had not lost immunity under ss2 or 3 of the State Immunity Act 1978, it had lost immunity under s9.
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