The Gazette 1975

two Dublin colleges were constantly advising Govern- ment Departments. It was unfortunate that some Civil Servants were loth to part with information that should be freely available. In reply to a question as to whether it would be advisable to set up Parliamentary Committees to deal with the professions, as so many administrators were difficult to approach, Dr. Whelan said professional groups should have more opportunities of having direet consultations with the Minister concerned, despite tht fact that much dialogue had taken place with senior civil servants. Senator O'Higgins said that the voters often had a choice to elect professional people, and, if they were not elected, the choice was not exer- cised properly. Mr. O'Sullivan said it was absolutely vital that Parliamentary Committees should be estab- lished in the Technological, Planning and Industrial fields. Senator Fitzgerald then thanked the organisers and those who attended. This Seminar had been most useful.

The main obstacle in dialogue within the Civil Service itself is that Professional Civil Servants are looked at askance by less well educated Administrators; pro- fessionals merely give advice but do not make policy decisions. As regards direct contact, the professions should seek institutional development with the approval of their Government. The national professional com- mittees are ultimately concerned with the ultimate political decision-making, and the fact that Ireland is assuming the Presidency of the Council of Ministers for the first six months of 1975 will ultimately bear fruit. In conclusion the professions should take a flexible long-term look at the situation. There should be a change in the dual structure of the Civil Servants by which professional civil servants will be given a greater role in the formulation of policy; this will naturally encourage dialogue. Unfortunately, as a result of lack of funds, no proper research had been undertaken in the Universities with regard to professional education. Academics can undoubtedly play a vital role, as the

English Cases on Community Law

acted in contravention of the articles of the Treaty, and claimed in particular that in view of the alleged breaches of those articles the grant of relief by injunc- tion would not be justified. Whitford J. granted the defendants leave to amend. On appeal by the plaintiffs : Held, dismissing the appeal, that where plaintiffs claimed relief in the form of an injunction the question whether it should be granted had to be determined by reference to the state of the law at the date when it fell to be decided and not at the date when the writ was issued and, therefore, if the facts alleged in the amend- ments were proved and it were shown that the effect of the Treaty was, on those facts, to afford a good defence such as to inhibit the Court from granting the plaintiffs an injunction, the amendments should be considered in accordance with the usual practice of the English Courts and should in the present case be allowed even though it might lead to additional delay and expense and a much longer trial. Observations on European community law and pro- cedure. Decision of Whitford J. affirmed. Before the infringement action had come to trial the United Kingdom joined the European Economic Com- munity when on 1 January 1973 the European Commu- nities Act, 1972, came into force. The defendants thereupon applied to Whitford J. for leave to amend the defence and counterclaim by serving on the plaintiffs an amended defence and counterclaim containing the following additional para- graphs : "6. The plaintiffs herein alone or in association with their concessionaires have and at all material times 11

Application Des Gaz S.A. v. Falks Veritas Ltd. Before Lord Denning M.R., Stamp and Roskill LJJ. [1972 A. No. 1755] The plaintiffs, a French company, were manufac- turers and suppliers of camping equipment, including a blue tin can filled with liquid gas. The defendants, an English company, for some years manufactured and supplied, under licence from the plaintiffs, a similar tin of a slightly different shape and paid royalties for the licence. In 1970 the defendants began to make and market tins of the same shape as those of the plaintiffs, save that they were coloured orange. The plaintiffs objected, and in April 1972 issued a writ in an action in England for alleged infringement of their copyright in a drawing of the tin; and they claimed delivery up, damages for conversion, and an injunction. The defence, delivered in June 1972, denied the copyright claim and pleaded acquiescence and estoppel and counterclaimed for damages for breach of an implied term of their contract. Before the action came to trial, the United Kingdom by the European Communities Act, 1972, which came into force on 1 January 1973, became a member of the European Economic Community; and under Section 2 (1) of the Act the Treaty Establishing the European Economic Community, known as "the Treaty of Rome", was made part of the law of the United Kingdom. In July 1973 the defendants applied for leave to amend their defence and counterclaim to allege "con- certed practices" and "abuse of dominant position" by the plaintiffs, contrary to Articles 85 and 86 of the Treaty; and the proposed amendments set out the respects in which the plaintiffs were alleged to have