Archive for the ‘ECJ’ Category
Tuesday, June 18th, 2013
Schenker and Others
Competition
Legal advice given by a law firm or a decision of a national competition authority does not exempt an undertaking from anti-competitive conduct or from imposition of a fine
Go to Source
Posted in ECJ | Comments Off
Thursday, June 13th, 2013
Ryanair v Commission
State aid
The Court of Justice confirms the General Court’s judgment upholding the Commission decisions holding the Italian State’s loan to Alitalia to be unlawful, but permitting the sale of its assets
Go to Source
Posted in ECJ | Comments Off
Thursday, June 6th, 2013
MA and Others
VISA
The Member State responsible for examining an asylum application made in more than one Member State by an unaccompanied minor is the State in which the minor is present after having lodged an application there
Go to Source
Posted in ECJ | Comments Off
Tuesday, June 4th, 2013
ZZ
Citizenship of the Union
The essence of the reasons for a decision refusing entry into a Member State must be disclosed to the person concerned
Go to Source
Posted in ECJ | Comments Off
Thursday, May 30th, 2013
F
Justice and Home Affairs
EU law does not prevent Member States from providing for an appeal suspending execution of a decision extending the effects of a European arrest warrant
Go to Source
Posted in ECJ | Comments Off
Thursday, May 30th, 2013
Landsbanki
Freedom to provide services
Advocate General Cruz Villalón considers that the Directive on the reorganisation and winding up of credit institutions does not preclude the adoption by law, as in Iceland, of measures to reorganise financial institutions
Go to Source
Posted in ECJ | Comments Off
Thursday, May 30th, 2013
Doux Élevages and Coopérative agricole UKL-AREE
State aid
A decision by which a national authority extends to all traders in an agricultural industry an agreement made within a recognised inter-trade organisation from that industry which introduces the levying of a CVO (cotisation volontaire obligatoire) does not constitute State aid
Go to Source
Posted in ECJ | Comments Off
Thursday, May 30th, 2013
Commission v Sweden
Law governing the institutions
Sweden is ordered to make a lump sum payment of €3 000 000 for its delay in transposing the Data Retention Directive into national law
Go to Source
Posted in ECJ | Comments Off
Thursday, May 30th, 2013
Arslan
VISA
An asylum seeker may, on the basis of national law, be detained for the purposes of removal on the ground of illegal stay where the application for asylum has been made with the sole aim of delaying or jeopardising enforcement of the return decision
Go to Source
Posted in ECJ | Comments Off
Thursday, May 30th, 2013
Commission v Poland
Transport
Poland failed to fulfil some of its obligations under EU law in the area of rail transport
Go to Source
Posted in ECJ | Comments Off
Wednesday, May 29th, 2013
Commission v Germany
Free movement of capital
Advocate General Wahl proposes to reject the Commission’s action against Germany seeking financial penalties with regard to the Volkswagen law
Go to Source
Posted in ECJ | Comments Off
Tuesday, May 28th, 2013
Abdulrahim v Council and Commission
Common foreign and security policy
A person who was the subject of a measure freezing funds retains an interest in it being annulled by the Courts of the EU despite its repeal
Go to Source
Posted in ECJ | Comments Off
Friday, May 17th, 2013
Parker ITR and Parker-Hannifin v Commission
Competition
The General Court partially annuls the Commission’s Decision relating to a cartel on the marine hoses market
Go to Source
Posted in ECJ | Comments Off
Thursday, May 16th, 2013
Germany v Commission
SANT
Germany may provisionally continue to apply its existing limit values for certain heavy metals in toys
Go to Source
Posted in ECJ | Comments Off
Thursday, May 16th, 2013
Germany v Commission
SANT
Germany may provisionally continue to apply its existing limit values for certain heavy metals in toys
Go to Source
Posted in ECJ | Comments Off
Wednesday, May 8th, 2013
ENI v Commission
Competition
The Court upholds the judgment of the General Court concerning the cartel on the synthetic rubbers markets as regards the Italian company Eni SpA
Go to Source
Posted in ECJ | Comments Off
Wednesday, May 8th, 2013
Libert and Others
State aid
The Flemish Decree on land and real estate policy is contrary to EU law
Go to Source
Posted in ECJ | Comments Off
Tuesday, May 7th, 2013
50 years of direct effect of EU law benefitting citizens and companies
Go to Source
Posted in ECJ | Comments Off
Thursday, April 25th, 2013
Inuit Tapiriit Kanatami and Others v Commission
Environment and consumers
The General Court confirms the validity of the Regulation on the marketing of seal products
Go to Source
Posted in ECJ | Comments Off
Thursday, April 25th, 2013
Asociaţia ACCEPT
Principles of Community law
Homophobic statements by the ‘patron’ of a professional football club may shift the burden of proof on to the club to prove that it does not have a discriminatory recruitment policy
Go to Source
Posted in ECJ | Comments Off
Thursday, April 25th, 2013
Commission v Spain
Freedom to provide services
Spanish legislation which taxes unrealised capital gains on the transfer of the place of residence or of the assets of a company established in Spain to another Member State is contrary to EU law
Go to Source
Posted in ECJ | Comments Off
Thursday, April 25th, 2013
Jyske Bank Gibraltar
Approximation of laws
EU law does not preclude Spanish legislation which requires credit institutions, operating in Spain without being established there, to forward directly to the Spanish authorities information necessary for combatting money laundering and terrorist financing
Go to Source
Posted in ECJ | Comments Off
Tuesday, April 23rd, 2013
Gbagbo v Council
Common foreign and security policy
The Court dismisses the appeals of Mr Gbagbo, former President of Côte d’Ivoire, and a number of his political associates against the orders declaring their actions for the annulment of measures adopted against them to be inadmissible
Go to Source
Posted in ECJ | Comments Off
Friday, April 19th, 2013
Italy v Commission
Economic and social cohesion
The General Court upholds the Commission’s decisions not to pay Italy ERDF financial aid in respect of waste management and disposal in Campania, as Italy has not adopted all the measures necessary for the disposal of waste in that region
Go to Source
Posted in ECJ | Comments Off
Thursday, April 18th, 2013
Commission v Systran and Systran Luxembourg
Law governing the institutions
The Court of Justice sets aside the judgment of the General Court ordering the Commission to pay Systran SA lump-sum damages of around €12 million
Go to Source
Posted in ECJ | Comments Off
Thursday, April 18th, 2013
Commission v France
Transport
France has breached its obligations under EU law in the area of rail transport
Go to Source
Posted in ECJ | Comments Off
Tuesday, April 16th, 2013
Spain v Council
The Court has dismissed the actions brought by Spain and Italy against the Council’s decision authorising enhanced cooperation in the area of the single European patent
Go to Source
Posted in ECJ | Comments Off
Tuesday, April 16th, 2013
Las
Freedom of movement for persons
Decree of the Flemish Community requiring all cross-border employment contracts to be drafted in Dutch infringes freedom of movement for workers
Go to Source
Posted in ECJ | Comments Off
Monday, April 15th, 2013
The Court of Justice of the European Union makes two new information feeds on its activity available to the public
Go to Source
Posted in ECJ | Comments Off
Monday, April 15th, 2013
The Court of Justice of the European Union makes two new information feeds on its activity available to the public
Go to Source
Posted in ECJ | Comments Off
Friday, April 12th, 2013
All European Final of the European Moot Court Competition takes place today at the Court of Justice of the European Union in Luxembourg
Go to Source
Posted in ECJ | Comments Off
Friday, April 12th, 2013
CISAC v Commission and Others
Competition
The General Court partially annuls the Commission decision finding anti-competitive conduct on the part of copyright collecting societies
Go to Source
Posted in ECJ | Comments Off
Thursday, April 11th, 2013
Soukupová
Agriculture
Member States must observe the principle of equal treatment between women and men when they grant early retirement support to elderly farmers
Go to Source
Posted in ECJ | Comments Off
Thursday, April 11th, 2013
Ring, Skoube Werge
Social policy
A curable or incurable illness entailing a physical, mental or psychological limitation may be assimilated to a disability
Go to Source
Posted in ECJ | Comments Off
Thursday, April 11th, 2013
Sapir and Others
COJC
The regulation on jurisdiction applies to an action brought by a public body which, having sold land previously expropriated by a totalitarian regime, has mistakenly overpaid the successors in title and seeks the partial restitution of that sum
Go to Source
Posted in ECJ | Comments Off
Thursday, April 11th, 2013
Demirkan
Freedom of movement for persons
According to Advocate General Cruz Villalón, Turkish nationals do not have a right to enter the EU without a visa in order to receive services there
Go to Source
Posted in ECJ | Comments Off
Thursday, April 11th, 2013
Berger
Approximation of laws
EU law allows national authorities to provide the public with information identifying food which is not prejudicial to health, but which is unfit for human consumption
Go to Source
Posted in ECJ | Comments Off
Thursday, April 11th, 2013
Jeltes and Others
Social security for migrant workers
A wholly unemployed frontier worker can obtain unemployment benefit only in his Member State of residence
Go to Source
Posted in ECJ | Comments Off
Thursday, March 21st, 2013
RWE Vertrieb
Approximation of laws
A standard term in consumer contracts remains subject to review for unfairness even if it does no more than reproduce national legislation applicable to a different category of contracts
Go to Source
Posted in ECJ | Comments Off
Thursday, March 21st, 2013
Salzburger Flughafen
Approximation of laws
Austrian legislation is contrary to EU law in that, when an airport is modified, it provides for an environmental assessment only for projects likely to increase the number of air traffic movements by at least 20 000 per year
Go to Source
Posted in ECJ | Comments Off
Thursday, March 21st, 2013
Shomodi
VISA
The limitation of stays in the Schengen area to a maximum of three months over a sixmonth period for foreign nationals who are not subject to visa requirements does not apply to those who benefit from the local border traffic regime
Go to Source
Posted in ECJ | Comments Off
Tuesday, March 19th, 2013
Commission v Kadi
Common foreign and security policy
Advocate General Bot proposes that the Court of Justice should set aside the judgment of the General Court in ‘Kadi II’
Go to Source
Posted in ECJ | Comments Off
Tuesday, March 19th, 2013
Bouygues and Bouygues Télécom v Commission
State aid
The Court of Justice quashes the judgment of the General Court annulling the Commission’s decision classifying the French State’s declarations of support and shareholder loan in favour of France Télécom as State aid
Go to Source
Posted in ECJ | Comments Off
Monday, March 18th, 2013
Entry into office of a new Judge at the General Court
Go to Source
Posted in ECJ | Comments Off
Thursday, March 14th, 2013
Leth
Approximation of laws
The fact that an assessment of the environmental impact of a project has not been carried out, in breach of EU law, does not in principle, by itself, render the State liable for purely pecuniary damage
Go to Source
Posted in ECJ | Comments Off
Thursday, March 14th, 2013
Allianz Hungária Biztosító and Others
Competition
Agreements concerning the price of repairs of insured vehicles concluded between insurance companies and repair shops have an anti-competitive object and are therefore prohibited where they are, by their very nature, injurious to the proper functioning of normal competition
Go to Source
Posted in ECJ | Comments Off
Thursday, March 14th, 2013
Aziz
Approximation of laws
Spanish legislation infringes EU law to the extent that it precludes the court which has jurisdiction to declare unfair a term of a loan agreement relating to immovable property from staying the mortgage enforcement proceedings initiated separately.
Go to Source
Posted in ECJ | Comments Off
Thursday, March 14th, 2013
ÖBB-Personenverkehr
Transport
According to Advocate General Jääskinen, rail passengers must have part of the cost of their ticket refunded in case of significant delay even if that delay is caused by force majeure
Go to Source
Posted in ECJ | Comments Off
Thursday, March 7th, 2013
Switzerland v Commission
Transport
The Court of Justice dismisses the appeal brought by Switzerland challenging the German measures of 2003 relating to the approaches to Zurich airport
Go to Source
Posted in ECJ | Comments Off
Thursday, March 7th, 2013
ITV Broadcasting
Approximation of laws
Television broadcasters may prohibit the retransmission of their programmes by another company via the internet
Go to Source
Posted in ECJ | Comments Off
