Supplies of education and training that had been made by the BBC were found to be exempted from VAT

[2016] EWCA Civ 114 (02 March 2016)

This case arose out of a claim brought by the British Broadcasting Corporation (“the BBC”) for the repayment of VAT on supplies of services to the Open University (“the OU”) on the ground that the supplies were exempt under Article 13A(1)(i) of Directive 77/388/EEC (“the Sixth VAT Directive”) as supplies of education or training. The services consisted of the production and broadcasting of television and radio programmes relating to OU courses.

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Judgment of the German Federal Labor Court (Bundesarbeitsgericht) and the Greek Debt Crisis

5 AZR 962/13 (A)

The present case concerns the debt crisis in light of which the Greek Republic adopted, for the purposes of protecting the national economy, Law Nr. 3833/2010 on urgent measures to tackle the national finance crisis.

In the proceedings before the court the claimant in this case, a teacher who was working at the elementary school under the patronage of the respondent Greek Republic, demanded additional pay as well as payrolls for the period October 2010 till December 2012. The Greek Republic cut in this period his gross remuneration, which originally followed the German collective bargaining law, with a total of 20.262,31 Euro in connection with Law Nr. 3833/2010 and Nr. 3845/2010. The Greek Republic maintained that it had to comply with the reached agreements between it and the European Commission, the European Central Bank and the International Monetary Fund (the troika) by issuing and adopting those laws and in that case there was no other option.

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The French Court of cassation precluded consulting firms from carrying out legal expertise activities as they could be exercised only by lawyers

Cour de cassation, civile, Chambre civile 1, 17 février 2016, 14-26.342 14-29.686

The present case concerns the question whether the EU law, particularly Articles 49 and 56 TFEU and the Directive 2006/123/EC (known as the ‘Services’ Directive), precluded a national legislation which did not allow consulting firms to carry out legal activity as a primary activity.

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Operators of a mobile application were found to infringe copyrights in television broadcasts by uploading clips of broadcasts of cricket matches

England And Wales Cricket Board Ltd & Anor v Tixdaq Ltd & Anor [2016] EWHC 575 (Ch) (18 March 2016)

The Claimants contended that the Defendants had infringed their copyrights under Article 2(d) and (e) of Directive 2001/29/EC (“the Information Society Directive”) by uploading a considerable number of clips of broadcasts of cricket matches to one of the Defendats’ mobile applications (“the App”). The Claimants were the owners of the copyrights in television broadcasts, and in films incorporated within such broadcasts, of most cricket matches played by the England men’s and women’s cricket teams in England and Wales. The Defendants denied infringement, relying primarily upon the defence of fair dealing for the purposes of reporting current events according to Article 5(3)(c) of the Information Society Directive and secondarily upon immunities for acting as a mere conduit and hosting under Articles 12 and 14 of Directive 2000/31/EC (“the E-Commerce Directive”).

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The French Court of Cassation recalled the rules on prorogation of jurisdiction

Cour de cassation, civile, Chambre civile 1, 24 février 2016, 15-10639

The present case concerned the rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
In March 2006, Mr. X. concluded a franchise agreement with the company Hypromat France to operate a quick self-service car wash facility in Spain.

Subsequently, Mr.X. brought an action before the District court (Tribunal de grande instance) against its contractual partner seeking the voidness of the contract and the payment of damages.
On that occasion, the company Hypromat France raised the lack of jurisdiction in favour of the courts of Barcelona (Spain), under the jurisdiction clause included in the contract.

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