Tag: CJEU

CJEU. Rights of airline passengers: the passenger is deemed to have accepted reimbursement of the cost of the ticket by travel voucher where, while filling in a form on the website of the air carrier, he or she has waived reimbursement of the cost of the ticket by a sum of money

JURIDICE.ro

Nevertheless, it is for the air carrier to ensure that the passenger is placed in a situation where he or she is clearly informed of the means of reimbursement An airline passenger reserved a flight from Fortaleza (Brazil) to Frankfurt… Read moreCJEU. Rights of airline passengers: the passenger is deemed to have accepted reimbursement of the cost of the ticket by travel voucher where, while filling in a form on the website of the air carrier, he or she has waived reimbursement of the cost of the ticket by a sum of money

CJEU. Italian legislation under which independent companies established in another Member State are excluded from copyright management is incompatible with EU law

JURIDICE.ro

The legislation constitutes a restriction on the freedom to provide services that is neither justified nor proportionate LEA is a collective management organisation that is governed by Italian law and authorised to operate in the field of copyright intermediation in… Read moreCJEU. Italian legislation under which independent companies established in another Member State are excluded from copyright management is incompatible with EU law

Illumina-Grail Merger: AG Emiliou proposes to set aside the General Court judgment and annul Commission decisions on referral request

JURIDICE.ro

He is of the view that Member States may not request the Commission to examine a concentration which does not have a Community dimension, even where they have no competence to review such a concentration under national law The EU… Read moreIllumina-Grail Merger: AG Emiliou proposes to set aside the General Court judgment and annul Commission decisions on referral request

Advocate General Ćapeta: melons and tomatoes from the territory of Western Sahara must bear a ‘country of origin’ label reflecting their origin in that territory

JURIDICE.ro

Such products may not indicate the Kingdom of Morocco as their ‘country of origin’ The Confédération paysanne, a French agricultural union, asked the French government to prohibit the importation of melons and tomatoes originating in the territory of Western Sahara,… Read moreAdvocate General Ćapeta: melons and tomatoes from the territory of Western Sahara must bear a ‘country of origin’ label reflecting their origin in that territory

Advocate General Ćapeta: the General Court erred in annulling the decision approving, on behalf of the European Union, a preferential tariff agreement with the Kingdom of Morocco relating to the territory of Western Sahara

JURIDICE.ro

In spite of what the General Court found, that decision did not run contrary to the judgment of the Court in C-104/16 P Council v Front Polisario Western Sahara is a territory in North-West Africa, bordered by Morocco to the… Read moreAdvocate General Ćapeta: the General Court erred in annulling the decision approving, on behalf of the European Union, a preferential tariff agreement with the Kingdom of Morocco relating to the territory of Western Sahara

Advocate General Ćapeta: the Court of Justice should annul the Council decision concluding the Sustainable Fisheries Partnership Agreement with the Kingdom of Morocco

JURIDICE.ro

In not treating the territory of Western Sahara and the waters adjacent thereto as separate and distinct from that of the Kingdom of Morocco, the Council failed to respect the right of self-determination of the people of Western Sahara Western… Read moreAdvocate General Ćapeta: the Court of Justice should annul the Council decision concluding the Sustainable Fisheries Partnership Agreement with the Kingdom of Morocco

Order of the General Court in Case T-46/23 | Kaili v Parliament and the European Public Prosecutor’s Office. Lifting of parliamentary immunity: Eva Kaili’s action against the request of the European Chief Prosecutor and the decision of the President of the European Parliament is dismissed

JURIDICE.ro

On the basis of an investigation concerning the management of parliamentary allowances, the European Chief Prosecutor, Laura Kövesi, made a request on 15 December 2022 to the President of the European Parliament, Roberta Metsola, to lift the parliamentary immunity of… Read moreOrder of the General Court in Case T-46/23 | Kaili v Parliament and the European Public Prosecutor’s Office. Lifting of parliamentary immunity: Eva Kaili’s action against the request of the European Chief Prosecutor and the decision of the President of the European Parliament is dismissed

Advocate General’s Opinion in Case C-563/22: Palestinian applicants for refugee status can claim that UNRWA’s protection has ‘ceased’ in the light of the general living conditions prevailing in the Gaza Strip

JURIDICE.ro

Applicants must not be obliged to show that they are specifically targeted or affected by those conditions due to their personal circumstances SN and LN are two stateless persons of Palestinian origin, who used to live in the Gaza Strip…. Read moreAdvocate General’s Opinion in Case C-563/22: Palestinian applicants for refugee status can claim that UNRWA’s protection has ‘ceased’ in the light of the general living conditions prevailing in the Gaza Strip

CJEU. The irregularity committed by the Commission is not the determining cause of UPS’ alleged loss of profit and therefore cannot justify a compensation payment

JURIDICE.ro

By deciding not to go ahead with acquiring TNT as soon as the decision at issue was announced, UPS broke the causal link between the Commission’s infringement and the alleged damage In 2013[1], the Commission declared a notified concentration between… Read moreCJEU. The irregularity committed by the Commission is not the determining cause of UPS’ alleged loss of profit and therefore cannot justify a compensation payment

CJEU dismisses the Commission’s action against Denmark concerning the maximum parking time on motorway lay-bys

JURIDICE.ro

In 2018, Denmark laid down a rule limiting the maximum parking time at public rest areas along the Danish motorway network to 25 hours. The European Commission is of the opinion that that rule constitutes a restriction on the freedom… Read moreCJEU dismisses the Commission’s action against Denmark concerning the maximum parking time on motorway lay-bys