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European Union Law

David regularly appears in cases relating to European Union law issues, both in the domestic courts and the Court of Justice of the European Union. He has particular experience in cases involving EU issues in the context of national security, immigration, social security and environmental law.

Recent and ongoing EU law cases in the CJEU in which David is involved as sole counsel include the following:

  • Case C-165/14 Rendon Marin – intervention in Spanish reference on the scope of citizenship rights under Article 20 TFEU and the decision in Zambrano, specifically whether it is possible to derogate from such rights in the public interest in situations of criminality – heard by the Grand Chamber on 30 June 2015, awaiting judgment.

  • Case C-304/14 CS (Morocco) – reference from the Upper Tribunal on the same point as in Rendon Marin – heard by the Grand Chamber on 30 June 2015 with Rendon Marin, awaiting judgment.

  • Case C-573/14 Lounani – intervention in Belgian reference concerning exclusion from international protection under Directive 2004/83/EC owing to involvement in terrorism offences – hearing listed on 16 February 2016.

  • Case C-133/15 Chavez Vilchez – intervention in Dutch reference on the scope of citizenship rights under Article 20 TFEU and the decision in Zambrano, specifically whether such rights arise in situations where the EU citizen parent is present but may not be willing or able to look after the child.

  • Case C-554/14 Ognyanov – intervention in Bulgarian reference on the scope of Framework Decision 2008/909/JHA, the Prisoner Transfer Framework Decision. The case concerns the question whether the Prisoner Transfer Framework Decision precludes an executing state from reducing the time spent in prison there on account of time spent working while in prison in the transferring state. There is also a broader question as to whether Framework Decisions can have direct effect.

  • Pembroke Power Station infraction (European Commission infringement number 2012/4149) – advising multiple government departments in relation to threatened infraction proceedings against the UK over alleged failures to comply with the Habitats Directive, the IPPC Directive and the EIA Directive in respect of the construction of Pembroke Power Station. The case raises significant issues about the UK’s approach to the construction of major infrastructure projects and its compatibility with various EU environmental law regimes.

Recent and ongoing EU cases in which David has been involved in the domestic courts include the following: 

  • R (Richmond Pharmacology Ltd) v. Health Research Authority [2015] EWHC 2238 (Admin), (2015) 146 BMLR 160 – represented the claimant clinical trials company in this challenge to the regulation of Phase 1 clinical trials by the HRA (with David Lock QC). The case involved consideration of the EU regulatory regime relating to clinical trials, in particular in Directive 2001/20/EC (the Clinical Trials Directive) and Regulation 536/2014/EU (the Clinical Trials Regulation). The judicial review succeeded on grounds of a lack of legal certainty in the HRA’s regulatory materials.

  • R (XH) v. Secretary of State for the Home Department – acted for the Secretary of State in defending this challenge to the exercise of the Royal Prerogative to withdraw passports from terrorist suspects, including arguments about the impact of EU free movement and citizenship rights on the use of the Royal Prerogative and on the reasons and evidence which are required to be disclosed to subjects of such decisions following ZZ (France) (led by James Eadie QC and Tim Eicke QC).

  • R (Dan) v. Secretary of State for the Home Department – instructed on behalf of the Secretary of State in case concerning the interpretation and application of reg. 24AA of the Immigration (European Economic Area) Regulations 2006, the provision which allows the interim deportation of foreign national offenders who otherwise have EU rights of residence in the UK. Heard by Walker J on 18 November 2015, judgment awaited.

  • Abdul v. Secretary of State for the Home Department – important case on the scope of Article 24(2) of the EU Charter of Fundamental Rights. Heard by the President of the Upper Tribunal (Immigration and Asylum Chamber) on 9 December 2015, judgment awaited.

  • TN (Afghanistan) v. Secretary of State for the Home Department [2015] UKSC 40, [2015] 1 WLR 3083 – represented the Secretary of State in the Supreme Court in three joined appeals challenging the compatibility of judicial review with the requirements of Article 39 of Directive 2005/85/EC relating to effective remedies in EU law (led by Jonathan Hall QC in the Supreme Court, sole counsel in the Court of Appeal in two of the appeals). The case also raised issues concerning the EU Charter of Fundamental Rights. The appeals were dismissed and a reference to the CJEU was refused.

  • R (FCC Environment (UK) Ltd) v. Secretary of State for Energy and Climate Change [2015] EWCA Civ 55, [2015] Env LR 22 – represented the Secretary of State in defending this challenge to the compatibility of Special Parliamentary Procedure with the requirements of the EIA Directive. The appeal was dismissed.

  • R (SN and LS) v. Secretary of State for Work and Pensions – counsel to the claimants in this judicial review challenge to the legality of the various “Zambrano regulations” designed to remove entitlement to mainstream benefits from Zambrano carers (led by Richard Drabble QC). Currently stayed behind similar proceedings awaiting a decision on permission to appeal to the Supreme Court.

David was formerly a Visiting Lecturer in European Union law at City University and, prior to commencing practice, he undertook a stage at the European Commission in the Internal Market Directorate General, dealing with the free movement of services. He has also published on EU law issues. He has previously worked as a volunteer with the AIRE Centre (Advice on Individual Rights in Europe), providing advice on European human rights law and European Union law.