Latest Cases

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Grundig Multimedia AG (Grundig) against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), relating to an application by Grundig for registration of the word mark 'DetergentOptimiser' as a Community mark. 

European Union – Taxation. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things, that arts 4(2) and 21(5) of Council Directive (EC) 2003/96 should be interpreted as not precluding a national rule, such as the one at issue in the main proceedings, which provided for the levying of a tax on the thermal power of nuclear reactors, in so far as such a tax did not come within the scope of that directive. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by August Storck KG (AS) against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (trade Marks and Designs) concerning the application by AS for registration of the word mark '2good' as a Community trade mark. 

European Union – Public procurement. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things, that Council Directive (EEC) 89/665 and the principles of equivalence and effectiveness should be interpreted as not precluding national legislation which required the payment of court fees such as the standard fee at issue in the main proceedings when an action relating to public procurement was brought before administrative courts. 

Income tax – Residence. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) allowed the appeal by the Revenue and Customs Commissioners against a decision of the First-tier Tribunal (Tax Chamber) (the FTT) that the taxpayer had not been resident in the United Kingdom for the tax year 2006/2006 and was therefore not liable to income tax of £5.5m on a dividend of some £24.59m paid to him in that year. The tribunal decided that the FTT had taken into account irrelevant factors and had failed to have regard, or sufficient regard, to certain relevant factors. 

Appeal – Permission to appeal. The petitioner had successfully applied to wind up a company previously involved in running the Sherlock Holmes Museum. The company was granted permission to appeal. The Companies Court dismissed the petitioner's application, under CPR 52.9, for an order imposing conditions 

European Union – Immigration. The Court of Justice of the European Union gave a preliminary ruling, deciding that Directive (EC) 2008/115 should be interpreted as not, in principle, precluding legislation of a member state which provided for the imposition of a prison sentence on an illegally staying third-country national who, after having been returned to his country of origin in the context of an earlier return procedure, unlawfully re-entered the territory of that state in breach of an entry ban. 

European Union – Trade marks. The Court of Justice of the European Union dismissed the action brought by Debonair Trading Internacional Lda (Debonair) by which Debonair sought to set aside a decision of the General Court of the European Union in which the General Court had dismissed its action seeking annulment of the decision of the Fourth Board of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to opposition proceedings between Debonair and Ibercosmetica SA de CV. 

European Union – Taxation. The Court of Justice of the European Union gave a preliminary ruling, deciding that art 13 of Directive (EC) 2002/20 had to be interpreted as not precluding a tax, such as that at issue in the main proceedings, being imposed on the owner of free-standing structures, such as transmission pylons or masts intended to support the antennas required for the functioning of the mobile telecommunication network, and which it was not possible to place on an existing site. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Wolverine International LP (Wolverine)against a decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning invalidity proceedings between BH Store and Wolverine regarding the receipt by the latter of the international registration designating the European Community of a figurative sign as a Community trade mark.