However, it considers that Commission Decision 2010/87 on standard contractual clauses for the transfer of personal data to processors established in third countries is valid. GDPR and the transfer of data The General Data Protection Regulation (‘the GDPR’) provides that the transfer of such data to a third country may, in principle, take place only […]
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The General Court of the European Union annuls the decision taken by the Commission regarding the Irish tax rulings in favour of Apple
The General Court annuls the contested decision because the Commission did not succeed in showing to the requisite legal standard that there was an advantage for the purposes of Article 107 TFEU. In 2016 the Commission adopted a decision concerning two tax rulings issued by the Irish tax authorities (Irish Revenue) on 29 January 1991 […]
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Judgment of the CJEU on the sale of vehicles unlawfully manipulated by the manufacturer
A motor vehicle manufacturer whose unlawfully manipulated vehicles are resold in other Member States may be sued in the courts of those States The damage suffered by the purchaser occurs in the Member State in which he purchases the vehicle for a price higher than its actual value The Verein für Konsumenteninformation (VKI), an Austrian […]
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Increase in cumulative charges for terrorism and war crimes
Prosecutors in the EU are increasingly cumulating charges against returning foreign terrorist fighters (FTFs), members of ISIS and its affiliates, with genocide, crimes against humanity and war crimes, so-called core international crimes. In over 20 cases in five Member States, judgments have been delivered or investigations and trials are ongoing where FTFs are charged not […]
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Intensified judicial response to serious cross-border crimes
Judicial authorities across the EU increasingly turn to Eurojust, the EU Agency for Criminal Justice Cooperation, to work together to tackle serious cross-border crime. Eurojust’s 2019 Annual Report, shows that prosecutors from across the European Union and beyond turned to Eurojust for tailor-made support in nearly 8 000 cases, an increase of 17% compared with 2018. […]
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Judgment of the CJEU on homophobic discrimination in the workplace
Homophobic statements constitute discrimination in employment and occupation when they are made by a person who has or may be perceived as having a decisive influence on an employer’s recruitment policy. In the judgment in Associazione Avvocatura per i diritti LGBTI (C-507/18), delivered on 23 April 2020, the Court held that statements made by a […]
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Poland, Hungary and the Czech Republic have failed to fulfil their obligations under European Union law
Those Member States can rely neither on their responsibilities concerning the maintenance of law and order and the safeguarding of internal security, nor on the alleged malfunctioning of the relocation mechanism to avoid implementing that mechanism. In the judgment in Commission v Poland, Hungary and the Czech Republic (C-715/17, C-718/17 and C-719/17), delivered on 2 […]
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Judgment of the ECJ on the imposition of compensation claims for flight delays
A passenger who reserved his or her flight through a travel agency may bring an action for compensation for a long flight delay against the air carrier before the courts of the place of departure of the flight By it judgment, the Court notes, first of all, that the concept of an operating air carrier […]
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Spanish courts must ensure that clauses in mortgage loan contracts providing for the application of a variable interest rate are clear and understandable
If the court concludes that such terms are unfair, it may replace it with a statutory rate applicable on a supplementary basis in order to protect the consumers concerned from the particularly harmful consequences which could result from the cancellation of the loan contract. In its judgment in Case C-125/18 Gómez del Moral Guasch, delivered […]
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