Judgment C-96/21 of the Court of Justice of the European Union (CJEU), handed down on 5 April, specifies the cases in which the right of withdrawal does or does not apply. This is triggered due to the restrictions adopted by the German authorities amid the COVID-19 pandemic, a concert that was due to take place […]
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Rule of Law conditionality: decision to uphold conditionality regulation to protect EU values
Rule of Law conditionality: MEPs call on the Commission to act immediately Following the Court of Justice ruling on the “rule of law conditionality” mechanism, MEPs demand that the Commission applies it and protects EU values. “The rule of law is our treasure”, said Clément Beaune on behalf of the French Presidency of the Council. […]
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February infringements package: key decisions related to Spain and Environmental matters
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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Commission 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 […]
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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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Modernising 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 […]
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Europe 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 […]
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