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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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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The CJEU recognizes the rights of children of LGTBI couples
Child, being a minor and a Union citizen, whose birth certificate was drawn up by the host Member State and designates as parents two persons of the same sex: the Member State of which the child is a national is obliged to issue an identity card or a passport to that child without requiring a […]
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European justice again refuses to restore Puigdemont’s immunity
The Vice-President of the General Court of the European Union refuses the new request for the suspension of waiver of the parliamentary immunity of Mr Carles Puigdemont i Casamajó, Mr Antoni Comín i Oliveres and Ms Clara Ponsatí i Obiols On 13 January and 10 February 2020, the European Parliament received requests for waiver of […]
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CJEU keeps Hamas on the European list of terrorist organizations
The General Court should not have cancelled Hamas’ listing on the ground that the Council had failed to authenticate by means of a signature the statements of individual reasons for those acts By a judgment of 4 September 2019, Hamas v Council, the General Court annulled, in an action for annulment under Article 263 TFEU, […]
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The CJEU opposes the regime in force in Poland that allows the Minister of Justice to appoint judges by hand-picking.
EU law precludes the regime in force in Poland which permits the Minister for Justice to second judges to higher criminal courts; secondments which that minister – who is also the Public Prosecutor General – may terminate at any time without stating reasons The requirement that judges be independent means that the rules relating to […]
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CJEU prevents AC Milan from registering its crest as an international trademark
The General Court confirms that the sign representing the crest of the football club AC Milan cannot be registered internationally as a trade mark designating the Union for stationery and office supplies The high degree of aural similarity and average visual similarity of that sign with the earlier German word mark MILAN gives rise […]
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CJEU fines Poland €1 million per day for infringing the independence of judges
As it has not suspended the application of the provisions of national legislation relating, in particular, to the areas of jurisdiction of the Disciplinary Chamber of the Supreme Court, Poland is ordered to pay the European Commission a daily penalty payment in an amount of €1 000 000 Compliance with the interim measures ordered on […]
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