On 5th May, the Court of Justice finds that, under the Consumer Rights Directive, a trader is required to provide the consumer with pre-contractual information concerning the manufacturer’s commercial guarantee where the consumer has a legitimate interest in obtaining that information in order to decide whether to enter into a contractual relationship with the trader. […]
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You can complain to a non-EU airline, when it operates on behalf of an EU airline
On 7 April, the Court of Justice of the European Union (CJEU) ruled in favour of passengers on a delayed flight so that they can claim compensation from a non-EU air carrier when it operates the entire flight on behalf of an EU airline. Three passengers who made a single booking with Lufthansa for a […]
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Commission refers Spain to the Court of Justice of the EU for failure to comply with waste water directive
The Commission decided today to refer Spain to the Court of Justice of the European Union for failure to comply with the Urban Waste Water Directive (Council Directive 91/271/EEC). The Directive aims to protect the environment from the adverse effects of urban waste water from the domestic and industrial sectors. Under the Directive, cities are obliged to […]
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Can a ticket seller refuse to refund cancellation fees?
Judgment C-96/21 of the Court of Justice of the European Union (CJEU), handed down on 5 April, specifies the cases in which the right of withdrawal does or does not apply. This is triggered due to the restrictions adopted by the German authorities amid the COVID-19 pandemic, a concert that was due to take place […]
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Rule of Law conditionality: decision to uphold conditionality regulation to protect EU values
Rule of Law conditionality: MEPs call on the Commission to act immediately Following the Court of Justice ruling on the “rule of law conditionality” mechanism, MEPs demand that the Commission applies it and protects EU values. “The rule of law is our treasure”, said Clément Beaune on behalf of the French Presidency of the Council. […]
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February infringements package: key decisions related to Spain and Environmental matters
In its regular package of infringement decisions, the European Commission pursues legal action against Member States for failing to comply with their obligations under EU law. These decisions, covering various sectors and EU policy areas, aim to ensure the proper application of EU law for the benefit of citizens and businesses. The key decisions taken […]
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Spain is in breach of EU law on asset declarations
The restrictions on the free movement of capital imposed by that legislation are disproportionate. On the 15 February 2017, the Commission issued a reasoned opinion in which it found that certain aspects of the requirement for Spanish tax residents to declare overseas assets or rights 1 by means of a form entitled ‘Form 720’ were […]
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Commission launches infringement procedure against Poland for violations of EU law by its Constitutional Tribunal
The European Commission has decided to launch an infringement procedure against Poland because of serious concerns with respect to the Polish Constitutional Tribunal and its recent case law. The Constitutional Tribunal, in its rulings of 14 July 2021 and 7 October 2021, considered the provisions of the EU Treaties incompatible with the Polish Constitution, expressly challenging the […]
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CJEU rules that airlines must pay compensation if a flight is brought forward by more than one hour
In the case of a reservation for a particular flight, a claim for compensation may possibly be brought against the operating air carrier even if the reservation has not been forwarded to that carrier The Landgericht Korneuburg (Regional Court, Korneuburg, Austria) and the Landgericht Düsseldorf (Regional Court, Düsseldorf, Germany) have before them a number of […]
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