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 […]
Read MoreCommission 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 […]
Read MoreCJEU 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 […]
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 MoreModernising judicial cooperation with further digitalization
On December 1, the European Commission has adopted several initiatives to digitalise EU justice systems, making them more accessible and effective. The overarching aim of the measures is to make digital communication channels the default channel in cross-border judicial cases, thus translating one of the priorities set out in last year’s Communication on the Digitalisation of […]
Read MoreEurope agrees to strengthen competition in the digital field
The Council reached an agreement on its position (“general approach”) on the proposed Digital Markets Act. The proposal aims to ensure the competitiveness and fairness of the digital sector in order to promote innovation, high quality of digital products and services and high quality and choice in the digital sector. Online platforms that provide basic […]
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 MoreIntellectual property in the 20th century (1900 – 1961)
Intellectual property grew in importance throughout the 20th century. Legislative initiatives and jurisprudence were forced to keep pace with rapid technological developments, such as easier and cheaper ways of copying content (have you ever wondered how the photocopier, the VHS tape, CDs and now the internet have affected the protection of intellectual property rights?) At […]
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