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 […]
CJEU 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 […]
The General Court of the European Union introduces important changes to its rules of procedure
The General Court has amended its Rules of Procedure to make the best use of the Court’s time, in particular by clarifying or simplifying certain provisions. Those amendments also respond to certain needs, such as the possibility of using videoconferencing for hearings. They also foster proactive case management and take account of developments in the […]
Anonymised references for preliminary rulings lodged from 1 January 2023 to be allocated a fictional name
This measure seeks to facilitate the designation and identification of cases that have been anonymised for reasons relating to the protection of personal data. From 1 January 2023, all new anonymised cases involving proceedings between natural persons (whose names have, since 1 July 2018, been replaced with initials for reasons relating to the protection of […]
The Advocate General of the EU asks to reject Junqueras’ appeal and endorses leaving him without parliamentary seat
According to Advocate General Szpunar, the appeal brought by Mr Junqueras i Vies against the order of the General Court of the European Union delivered on 15 December 2020 must be dismissed That order declared that his action – directed against, inter alia, the declaration by the President of the European Parliament that his seat […]
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 […]
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 […]
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 […]
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 […]