The prohibition of double jeopardy does not appear to preclude the execution of a European arrest warrant against the person responsible for a fraudulent pyramid scheme set up in Spain and in Portugal. The facts on the basis of which that person was convicted in Spain and in Portugal do not appear to be identical […]
Read MoreEl CJEU asks Spanish Courts to compensate fathers who were denied their pension supplement, granted in Spain only to mothers
An administrative practice of systematically refusing to grant that supplement equally to fathers and thus disregarding the inferences to be drawn from the judgment in 2019, in which the Court of Justice declared the grant of that supplement solely to mothers as discriminatory, makes those fathers subject to twofold discrimination By judgment of 12 December […]
Read MoreEU General Court dismisses Puigdemont’s appeal and upholds the waiver of his immunity
Following the holding of the referendum on self-determination on 1 October 2017 in Catalonia (Spain), the Spanish Public Prosecutor’s Office, the Spanish State Counsel and the VOX political party brought criminal proceedings against a number of individuals, including Carles Puigdemont i Casamajó (then President of the Generality of Catalonia), Antoni Comín i Oliveres and Clara […]
Read MoreThe EU General Court upholds the EUIPO and concludes that the Batman logo is only DC Comics’ logo
For the relevant public, that distinctiveness makes it possible to associate, according to EUIPO, the goods covered by the trade mark with DC Comics and to distinguish them from those of other undertakings. On 1 April 1996, DC Comics, the publisher of Batman, filed an application with the European Union Intellectual Property Office (EUIPO) for […]
Read MoreCJEU declares the December 2019 reform of the Polish judicial system illegal.
Following the adoption, by Poland, on 20 December 2019, of a law amending the national rules relating to the organisation of the ordinary courts, the administrative courts and the Supreme Court (‘the amending law’), the European Commission brought an action for failure to fulfil obligations, asking the Court of Justice to declare that the regime […]
Read MoreEuropean Commission publishes June infringement proceedings package for Spain
The main decisions adopted by the Commission in relation to infringement proceedings in Spain are presented below. Jobs and social rights Reasoned opinions Employment: The Commission calls on GREECE, SPAIN and LUXEMBOURG to incorporate the Directive on Transparent and Predictable Working Conditions into national law The European Commission decided to send a reasoned opinion to […]
Read MoreThe EU General Court rejects Meta’s appeal against the obligation to send documents identified by search terms to the European Commission
On the basis of suspicions of anticompetitive behaviour by the Facebook group in its use of data and in the management of its social network platform, the European Commission, by decision of 4 May 2020, sent a request for information to Meta Platforms Ireland Ltd, formerly Facebook Ireland Ltd. That decision, adopted pursuant to Article […]
Read MoreThe General Court of the European Union annuls Germany’s €6 billion bailout of Lufthansa
The Commission committed several errors, in particular, by considering that Lufthansa was unable to obtain financing on the markets for the entirety of its needs, by failing to require a mechanism incentivising Lufthansa to buy back Germany’s shareholding as quickly as possible, by denying that Lufthansa held significant market power at certain airports, and by […]
Read MoreThe CJEU concludes that purchasers of cars affected by “dieselgate” will be entitled to compensation.
The purchaser of a vehicle equipped with an unlawful defeat device has a right to compensation from the car manufacturer where that device has caused damage to that purchaser. The judgment of the Court of Justice in case C-100/21 deals with the liability of manufacturers of vehicles fitted with defeat devices. The proceedings are initiated […]
Read More