Simonis, R (On the Application Of) v Arts Council England

Simonis, R (On the Application Of) v Arts Council England

The dispatch of the Painting from Italy to the UK on 14 February 2007 was not lawful under Italian law because the required certificate of free movement had expired and no new licence was obtained; therefore, the Arts Council England is not the competent authority under EU law to issue an export licence to Switzerland.

Parties
Claimant: Kathleen Elizabeth Simonis; Defendant: Arts Council England; Interested Party: Ministero Dei Beni E Delle Attività Culturali Del Turismo; Interested Party: The Secretary of State for Digital, Culture, Media and Sport
Jurisdiction
England and Wales
Judgment Date
23 July 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Export Licensing, Free Movement of Goods, Competent Authority Determination, Proportionality, Foreign Law Application
Administrative Law European Union Law Cultural Property Law Export Licensing Free Movement of Goods Competent Authority Determination Proportionality Foreign Law Application

Case Brief

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Parties

Kathleen Elizabeth Simonis

Claimant

Arts Council England

Defendant

Ministero Dei Beni E Delle Attività Culturali Del Turismo

Interested Party

The Secretary of State for Digital, Culture, Media and Sport

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Arts Council England is the competent authority under EU law to issue an export licence for the Painting to Switzerland
  2. 2 Whether the dispatch of the Painting from Italy to the UK was lawful and definitive under Article 2(2)(b) of EC Regulation 116/2009
  3. 3 Whether Italian law requirements offend EU law principles of proportionality and free movement

Ratio Decidendi

The dispatch of the Painting from Italy to the UK on 14 February 2007 was not lawful under Italian law because the required certificate of free movement had expired and no new licence was obtained; therefore, the Arts Council England is not the competent authority under EU law to issue an export licence to Switzerland.

Court Disposition

Claim dismissed

Orders

  • The Arts Council England is not the competent authority under EU law to issue an export licence to Switzerland in respect of the Painting.
  • Parties to draw up an order reflecting this and agree consequential matters including costs.