Henderson Chambers

European Community.

Barrister specialising in the law of the European Union, in particular choice of legal basis issues, direct effect of community provisions, employment, sex discrimination and protection of fundamental rights; environment; the law relating to the internal market, including public procurement and product liability; competition; anti-dumping and external relations generally; agriculture; fisheries; and education. Formerly, Director, Legal Service, Council of the EU 1987-94. Areas of responsibility in the Council’s Legal Service were at various times: institutional questions; the Budget; agriculture and fisheries; external relations, including the WTO and the CFSP. Recent cases before the European Court of Justice include: (in the employment field) Cases C-397 to C-403/01, ‘Pfeiffer’, on the possibility of reliance on Article 6 of the Working Time Directive to challenge the validity of German legislation allowing on-call workers to be employed in excess of the 48-hour weekly limit; case C-411/05, ‘Palacios de la Villa’, where compulsory retirement clauses in collective agreements were found, in the circumstances, to be compatible with the prohibition against age discrimination in Directive 2000/78; Case C-427/06, ‘Bartsch’, on the compatibility with the same directive of an age-gap clause in an occupational pension scheme; (in the field of counter-terrorism) Cases C-402 and 415/05P, ‘Kadi and Yusuf’, on appeal from the CFI, where the ECJ held that it has jurisdiction to review the legality, on fundamental rights grounds, of Community measures implementing UN Security Council resolutions, freezing the assets of individuals suspected of being associated with terrorism; ((in the WTO field) Case C-431/05, ‘Merck Genericos’, on the application of the TRIPS Agreement within the Community legal order; Case C-13/07, on the rules governing the agreement of the EU to the accession of Vietnam to the WTO opinion 1/08, on the amendment of the EC’s schedule of GATS commitments; (in the EU constitutional field) Case C-91/05, ‘Small Arms and Light Weapons’, on the interface between Community development co-operation policy and the common foreign and security policy; Cases 77 and 137/05 on the UK’s special status under the Schengen Protocol; Case C-303/05, ‘Advocaten voor de Wereld’, on the Framework Decision on the European Arrest Warrant; and opinion 1/09 on the establishment of a European patent jurisdiction.

Called 1969; Professor of European Law, Cambridge University 1995, Emeritus 2010; Bencher of Inner Temple; Director in the Legal Service of the Council of the EU1987-94; formerly co-editor ‘Common Market Law Review’; formerly editor ‘European Law Review’; co-author ‘Wyatt and Dashwood’s European Union Law’ (6th Edition in preparation); contributor to the Bar European Group’s ‘Practitioners’ Handbook of EC Law’; co-editor ‘The Future of the Judicial System of the European Union’ (2001).

French, Italian.

Oriel College, Oxford (1966 Jurisprudence).

Fly fishing, member Athenaeum.