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 […]
Read MoreThe 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 […]
Read MoreEuropean 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 […]
Read MoreCJEU 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, […]
Read MoreThe 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 […]
Read MoreCJEU 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 […]
Read MoreCJEU 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 […]
Read MoreCommission relaunches the review of EU economic governance
The European Commission has today adopted a Communication that takes stock of the changed circumstances for economic governance in the aftermath of the COVID-19 crisis and relaunches the public debate on the review of the EU’s economic governance framework. The Communication follows President von der Leyen‘s commitment in the State of the Union address to build a consensus […]
Read MoreThe CJEU upholds a Murcian farmer’s claim against the King of Morocco for a mandarin variety
The European Court of Justice ruled last Thursday in favor of José Cánovas Pardo, S.L., a farmer from Murcia who exploits a protected mandarin variety whose property rights belong to the King of Morocco since 2004. Following an application lodged by Nadorcott Protection SARL on 22 August 1995 with the Community Plant Variety Office (‘the CPVO’), […]
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