However, it considers that Commission Decision 2010/87 on standard contractual clauses for the transfer of personal data to processors established in third countries is valid. GDPR and the transfer of data The General Data Protection Regulation (‘the GDPR’) provides that the transfer of such data to a third country may, in principle, take place only […]
The General Court of the European Union annuls the decision taken by the Commission regarding the Irish tax rulings in favour of Apple
The General Court annuls the contested decision because the Commission did not succeed in showing to the requisite legal standard that there was an advantage for the purposes of Article 107 TFEU. In 2016 the Commission adopted a decision concerning two tax rulings issued by the Irish tax authorities (Irish Revenue) on 29 January 1991 […]
Judgment of the CJEU on the sale of vehicles unlawfully manipulated by the manufacturer
A motor vehicle manufacturer whose unlawfully manipulated vehicles are resold in other Member States may be sued in the courts of those States The damage suffered by the purchaser occurs in the Member State in which he purchases the vehicle for a price higher than its actual value The Verein für Konsumenteninformation (VKI), an Austrian […]
Judgment of the CJEU on homophobic discrimination in the workplace
Homophobic statements constitute discrimination in employment and occupation when they are made by a person who has or may be perceived as having a decisive influence on an employer’s recruitment policy. In the judgment in Associazione Avvocatura per i diritti LGBTI (C-507/18), delivered on 23 April 2020, the Court held that statements made by a […]
The Court of Justice of the European Union ordered Greece to pay 3.5 million euros for having been slow in implementing EU law
By judgment of 23 April 2015, the Court of Justice held that, by having failed to designate as vulnerable zones a number of zones – including those of the Plain of Thessaly and of the river Evros (see paragraph 15 of the judgment in Case C-149/14) – characterised by the presence of bodies of surface […]
Judgment of the European Court of Justice in favour of the free movement of high-ranking sports workers
In the judgment in Generálny riaditeľ Sociálnej poisťovne Bratislava (C-447/18), delivered on 18 December 2019, the Court held that Article 7(2) of Regulation No 492/2011 on freedom of movement for workers,1 which provides that a worker who is a national of one Member State is to enjoy, in the territory of another Member State, the […]
The Court confirms the right of access to documents contained in the file of a marketing authorisation application for a medicinal product
An objection to such access must explain the nature, purpose and scope of the data whose disclosure would undermine commercial interests In the judgments in PTC Therapeutics International v EMA (C-175/18 P) and MSD Animal Health Innovation and Intervet International v EMA (C-178/18 P), delivered on 22 January 2020, the Court of Justice was required to […]
An airline is liable for the harm caused by a spilt cup of hot coffee
It is not necessary for that accident to relate to a hazard typically associated with flight In this judgment, the Court of Justice clarifies that an airline’s liability for scalding caused by hot coffee that tipped over on a flight for unknown reasons does not require that a hazard typically associated with flight materialised. In […]
A person elected to the European Parliament acquires the status of Member of that institution at the time of the official declaration of the results and enjoys, from that time, the immunities attached to that status
In the preliminary ruling in Junqueras Vies (C-502/19), delivered on 19 December 2019, the Court, sitting as the Grand Chamber, clarified the personal, temporal and material scope of the immunities enjoyed by Members of the European Parliament. In this case, a number of questions were referred to the Court for a preliminary ruling relating to […]