Category: VARIA

A contract concluded between a young sportsman and an undertaking helping to develop his sports career falls, in principle, within the scope of the directive on the protection of consumers against unfair terms In 2009, a young sportsman, who was… Read moreCJEU. C-365/23 | Arce. According to Advocate General Rantos, a contractual term requiring a young sportsman to transfer part of his income if he becomes a professional athlete may potentially be unfair, provided that it is shown that that term creates a significant imbalance in the rights and obligations arising under the contract

The fact that Mr Maximilian Schrems has made a statement about his sexual orientation on the occasion of a public panel discussion does not authorise the operator of an online social network platform to process other data relating to his… Read moreCJEU. C-446/21 | Schrems. An online social network such as Facebook cannot use all of the personal data obtained for the purposes of targeted advertising, without restriction as to time and without distinction as to type of data

X is a company incorporated under Netherlands law which belongs to a multinational group of companies. That group includes, inter alia, companies A and C, both established in Belgium. A is the sole shareholder of X and the majority shareholder… Read moreCJEU. C-585/22 | Staatssecretaris van Financiën. Combatting tax fraud: national legislation which limits the deduction of interest paid in respect of an intra-group loan is compatible with EU law

Following an amendment to the Maltese Citizenship Act in July 2020, the Republic of Malta adopted subsidiary legislation[1] which included the ‘Maltese Citizenship by Naturalisation for Exceptional Services by Direct Investment scheme’[2] (the ‘2020 citizenship scheme’). Under the 2020 scheme,… Read moreCJEU. C-181/23 | Commission v Malta. AG Collins: The Commission has failed to prove that EU rules on citizenship (Article 20 TFEU) require that a ‘genuine link’ or ‘prior genuine link’ between a Member State and an individual must exist in order for it to grant citizenship

Any other indication would be deceptive and could mislead consumers As goods imported into the European Union, melons and tomatoes harvested in Western Sahara must indicate their country of origin under EU legislation. That indication must appear on the goods… Read moreCJEU. C-399/22 | Confédération paysanne. Consumer information: the labelling of melons and tomatoes harvested in Western Sahara must refer to that territory, and not Morocco, as the country of origin

Following the holding, on 1st October 2017, of the referendum on the self-determination of Catalonia (Spain), criminal proceedings were brought against Carles Puigdemont i Casamajó and Antoni Comín i Oliveres (who, at the time, were President and Member of the… Read moreCJEU. C-600/22 P | Puigdemont i Casamajó and Comín i Oliveres v Parliament. The Court of Justice definitively dismisses the action brought by Mr Puigdemont and Mr Comín against the refusal of the President of the European Parliament to recognise their status as Members of the European Parliament in June 2019

A German consumers’ association is challenging, before a German court, the manner in which the discounter Aldi Süd advertises price reductions or ‘price highlights’ such as, for example, for bananas and pineapples, in its weekly brochures. ↓ in English: ‘price… Read moreCJEU. C-330/23 | Aldi Süd. A price reduction announced in an advertisement must be calculated on the basis of the lowest price in the last 30 days

The Commission and the General Court erred in law in finding that the rules applicable to CFCs constituted the appropriate reference framework for examining whether a selected advantage had been conferred. In 2019, the European Commission decided[1] that between 2013… Read moreCJEU. C-555/22 P | United Kingdom and Others v Commission, C-556/22 P | ITV v Commission and Others and C-564/22 P | LSEGH (Luxembourg) and London Stock Exchange Group Holdings (Italy) v Commission and Others (Taxation of profits of CFCs). The Court annuls the Commission decision finding certain United Kingdom rules on the taxation of controlled foreign companies (CFCs) to be State Aid incompatible with the internal market and sets aside the judgment of the General Court confirming that decision