EU & International Cases

  1. Court of Justice of the European Union.

    1. State Aid / Exempt and Qualifying Companies

      Joined Cases T-195/01 R and T-207/01 R, Government of Gibraltar v European Commission.

      Order of the President of the Court of First Instance of 19 December 2001.

      Proceedings for interim relief - State aid - Decision to initiate a formal investigation procedure - Admissibility - Prima facie case - Urgency - None - Balancing of interests.

      European Court Reports 2001 II-03915
      ECLI identifier: ECLI:EU:T:2001:291

      Joined Cases T-195/01 and T-207/01, Government of Gibraltar v European Commission.

      Judgment of the Court of First Instance (Second Chamber, extended composition) of 30 April 2002.

      State aid - Tax legislation - Existing aid or new aid - Initiation of the formal investigation procedure provided for in Article 88(2) EC.

      European Court Reports 2002 II-02309
      ECLI identifier: ECLI:EU:T:2002:111

    2. Application of EU measures on the free movement of goods

      Case C-30/01, European Commission v United Kingdom.

      Judgment of the Court of 23 September 2003.

      Failure of a Member State to fulfil its obligations - Failure to implement, in respect of Gibraltar, Directives 67/548/EEC and 87/18/EEC (concerning dangerous chemical substances); 93/12/EEC (concerning liquid fuels); 79/113/EEC, 84/533/EEC, 84/534/EEC, 84/535/EEC, 84/536/EEC, 84/537/EEC, 84/538/EEC, 86/594/EEC and 86/662/EEC (concerning noise emission); 94/62/EC (concerning packaging waste) and 97/35/EC (concerning the deliberate release into the environment of genetically modified organisms).

      European Court Reports 2003 I-09481
      ECLI identifier: ECLI:EU:C:2003:489

    3. Application of Council Directive 77/799/EEC concerning mutual assistance by the competent authorities of the Member States in the field of direct and indirect taxation

      Case C-349/03, Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland.

      Judgment of the Court (Grand Chamber) of 21 July 2005.

      Failure of a Member State to fulfil obligations - Directive 77/799/EEC - Mutual assistance by the competent authorities - Fields of VAT and excise duties - Partial transposition- Territory of Gibraltar.

      European Court Reports 2005 I-07321
      ECLI identifier: ECLI:EU:C:2005:488

    4. Right to vote in elections to the European Parliament

      Case C-145/04, Kingdom of Spain v United Kingdom.

      Judgment of the Court (Grand Chamber) of 12 September 2006.

      European Parliament - Elections - Right to vote - Commonwealth citizens residing in Gibraltar and not having citizenship of the Union.

      European Court Reports 2006 I-07917
      ECLI identifier: ECLI:EU:C:2006:543

    5. State Aid / Regional Selectivity

      Joined Cases T-211/04 and T-215/04, Government of Gibraltar (T-211/04) and United Kingdom (T-215/04) v European Commission.

      Judgment of the Court of First Instance (Third Chamber, extended composition) of 18 December 2008.

      State aid - Aid scheme notified by the United Kingdom regarding the Government of Gibraltar’s reform of corporate tax - Decision declaring the aid scheme incompatible with the common market - Regional selectivity - Material selectivity.

      European Court Reports 2008 II-03745
      ECLI identifier: ECLI:EU:T:2008:595

      Joined Cases C-106/09 P and C-107/09 P, European Commission (C-106/09 P) and Kingdom of Spain (C-107/09 P) v Government of Gibraltar and United Kingdom.

      Judgment of the Court (Grand Chamber) of 15 November 2011.

      Appeal - State aid - Material selectivity - Tax regime - Gibraltar - Offshore companies.

      European Court Reports 2011 -00000
      ECLI identifier: ECLI:EU:C:2011:732

    6. Interpretation of Article 49 EC (now Article 56 TFEU) freedom to provide services)

      Case C-46/08, Carmen Media Group Ltd v Land Schleswig-Holstein and Innenminister des Landes Schleswig-Holstein

      Judgment of the Court (Grand Chamber) of 8 September 2010.

      Reference for a preliminary ruling: Schleswig-Holsteinisches Verwaltungsgericht - Germany. Article 49 EC - Freedom to provide services - Holder of a licence issued in Gibraltar authorising the collection of bets on sporting competitions only abroad - Organisation of bets on sporting competitions subject to a public monopoly at Land level - Objective of preventing incitement to squander money on gambling and combating gambling addiction - Proportionality - Restrictive measure to be genuinely aimed at reducing opportunities for gambling and limiting gambling activities in a consistent and systematic manner - Other games of chance capable of being offered by private operators - Authorisation procedure - Discretion of the competent authority - Prohibition on offering games of chance via the internet - Transitional measures provisionally authorising such an offer by certain operators.

      European Court Reports 2010 I-08149
      ECLI identifier: ECLI:EU:C:2010:505

    7. Designation of the Estrecho Oriental as a Site of Community Importance

      Case T-176/09, Government of Gibraltar v European Commission.

      Order of the General Court (Seventh Chamber) of 24 May 2011.

      Action for annulment - Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora - Decision 2009/95/EC - List of sites of Community importance for the Mediterranean biogeographical region - Inclusion in the site of Community importance called ‘Estrecho oriental’ of an area of the territorial waters of Gibraltar and of an area of the high seas - Partial annulment - Non-severability - Inadmissibility.

      European Court Reports 2011 II-00150*
      ECLI identifier: ECLI:EU:T:2011:239

      Case T-115/10, United Kingdom of Great Britain and Northern Ireland v European Commission.

      Order of the General Court (Seventh Chamber) of 24 May 2011.

      United Kingdom of Great Britain and Northern Ireland v European Commission.

      Action for annulment - Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora - Decision 2010/45/EU - List of sites of Community importance for the Mediterranean biogeographical region - Measure not open to challenge - Measure merely confirmatory - Inadmissibility.

      Case C-407/11 P, Government of Gibraltar v European Commission

      Order of the Court of 12 July 2012.

      Appeal — Directive 92/43/EEC — Conservation of natural habitats — List of sites of Community importance for the Mediterranean biogeographical region — Inclusion in the list of the site ‘Estrecho oriental’ proposed by the Kingdom of Spain, which is stated to include an area of British Gibraltar territorial waters and an area of the high seas — Action for annulment — Application for partial annulment — Severability — Rights of the defence.

      OJ C 366, 24.11.2012, p. 20–20
      ECLI Identifier: ECLI:EU:C:2012:464

      Case C-416/11 P, United Kingdom of Great Britain and Northern Ireland v. European Commission

      Judgment of the Court (Third Chamber) of 29 November 2012

      Appeal — Directive 92/43/EEC — Conservation of natural habitats — List of sites of Community importance for the Mediterranean biogeographical region — Inclusion in the list of a site proposed by the Kingdom of Spain — Site allegedly covering an area of British Gibraltar territorial waters and an area of the high seas — Action for annulment — Measure merely confirmatory.

      OJ C 26, 26.1.2013, p. 13–13
      ECLI identifier: ECLI:EU:C:2012:761

    8. Interpretation of Article 22(2) of Directive 2006/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing and Article 56 TFEU

      Case C-212/11, Jyske Bank Gibraltar Ltd v Administración del Estado

      Judgment of the Court (Third Chamber), 25 April 2013.

      Request for a preliminary ruling from the Tribunal Supremo

      Prevention of the use of the financial system for the purposes of money laundering and terrorist financing — Directive 2005/60/EC — Article 22(2) — Decision 2000/642/JHA — Requirement to report suspicious financial transactions applicable to credit institutions — Institution operating under the rules on the freedom to provide services — Identification of the national financial information unit responsible for the collection of information — Article 56 TFEU — Obstacle to freedom to provide services — Overriding requirements in the public interest — Proportionality.

      ECLI identifier: ECLI:EU:C:2013:270

    9. Application of Article 56 TFEU as between Gibraltar and the United Kingdom

      Case C-591/15, The Gibraltar Betting and Gaming Association Limited v Commissioners for Her Majesty's Revenue and Customs and Her Majesty's Treasury

      Judgment of the Court (Grand Chamber) of 13 June 2017.

      Request for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court).

      Reference for a preliminary ruling — Article 355(3) TFEU — Status of Gibraltar — Article 56 TFEU — Freedom to provide services — Purely internal situation — Inadmissibility

      Judgment ECLI identifier: ECLI:EU:C:2017:449

    10. Application of Directive 91/477/EEC on the control of the acquisition and possession of weapons (establishing a “European Firearms Pass”) to Gibraltar

      Case C-267/16, Albert Buhagiar and Others v Minister for Justice.

      Judgment of the Court (Grand Chamber) of 23 January 2018.

      Request for a preliminary ruling from the Supreme Court of Gibraltar

      Reference for a preliminary ruling — Territorial scope of EU law — Article 355(3) TFEU — Act concerning the Conditions of Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland and the Adjustments to the Treaties — Article 29 — Point 4 of Section I of Annex I — Exclusion of Gibraltar from the customs territory of the European Union — Implications — Directive 91/477/EEC — Article 1(4) — Article 12(2) — Annex II — European firearms pass — Hunting and target shooting activities — Applicability to the territory of Gibraltar — Obligation to transpose — No such obligation — Validity

      Judgment ECLI Reference: ECLI:EU:C:2018:26

  2. European Court of Human Rights.

    1. Right to vote in elections to the European Parliament.

      Matthews v United Kingdom (Application No. 24833/94)

      Whether the refusal to register the applicant as a voter for elections to the European Parliament constituted a violation of her right to participate in elections under Article 3 of Protocol No 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms (‘European Convention on Human Rights’, ‘ECHR’).

      Whether that refusal constituted a violation of Article 14 of the ECHR prohibition on discrimination, taken in conjunction with Article 3 of Protocol No 1.

      (1999) 28 EHRR 361 (ECtHR).