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23 April 2010
Issue: 7414 / Categories: Case law , Law digest
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European Union

Bressol and others v Gouvernement de la Communaute francaise Chaverot and others v Gouvernement de la Communaute francaise C-73/08, [2010] All ER (D) 48 (Apr)

Articles 18 and 21 of the Treaty on the Functioning of the European Union precluded national legislation which limited the number of non-resident students who might enrol for the first time in medical and paramedical courses at higher education establishments, unless the referring court, having assessed all the relevant evidence submitted by the competent authorities, found that that legislation was justified in the light of the objective of protection of public health.

A difference in treatment based indirectly on nationality might be justified by the objective of maintaining a balanced high-quality medical service open to all, in so far as it contributed to achieving a high level of protection of health. It was for the competent national authorities, where they adopted a measure derogating from a principle enshrined by European Union Law, to show in each individual case that that measure was appropriate for securing the attainment of the objective relied upon and

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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