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International Law

EU Law Blog EU Law Blog

This is a web log about European Union law for students, academics, practitioners and anyone else who may be interested in it. The successor to "EU law web log" (www.sparkpod.com/eulaw).

Post Frequency: 2/day

Last Entry: March 19, 2011 at 12:54:52

Recent Entries: 188

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Review of Regulatory Agencies

Posted on April 06, 2008
Those interested in administrative law would do well to look at the Commission's review of regulatory agencies entitled "European Agencies - The Way Forward" (COM(2008) 135 final). That document is accompanied by another one, referenced SEC(2008) 323, but the Commission...


White Paper on Antitrust Damages Actions

Posted on April 04, 2008
The long awaited White Paper on Damages Actions for Breach of the EC antitrust rules has been made public. As you probably know, it is almost impossible to get damages for breach of the antitrust rules in Europe. Instead, if...


2007 Annual Reports from the Courts

Posted on April 02, 2008
Following on from the presentation of the statistics we noted here, the 2007 Annual Reports of the Court of Justice, the Court of First Instance and the Civil Service Tribunal are now available online at least in a provisional form...


Conflict of Laws and EU Law

Posted on April 02, 2008
Dash over to the Conflict of Laws blog. There's a terrific guest editorial by Professor Horatia Muir-Watt on "Reshaping Private International Law in a Changing World". It contains many insights that a student of EU law would appreciate. Just go...


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Same Sex Partnerships, Survivor's Pension and Discrimination: Case C-267/07

Posted on April 01, 2008
The Court of Justice handed down a judgment in Case C-267/06 Tadao Maruko v. Verorgungsanstalt des deutschen Bühnen that is a step, a small step, toward the recognition of gay marriage in EC law. Mr. Maruko lived in Germany with...


Court Statistics for 2007

Posted on March 30, 2008
We should have spotted this earlier but didn't. Sorry about that. The Court of Justice has recently published its statistics for 2007 in a press release. There's cause for celebration and cause for concern too. Things at the Court of...


Van Gend en Loos Revisited

Posted on March 26, 2008
Here's an interesting article by Professor Daniel Halberstam of Michigan Law School that discusses Case 26-62 Van Gend en Loos and Marbury v. Madison. This is what the abstract says: The European Court of Justice's landmark decision in Van Gend...


Jurisdiction of the Court of Justice in Police and Criminal Matters: Article 35 TEU

Posted on March 25, 2008
Back in December 2005, we noted here the state of play on declarations accepting the jurisdiction of the Court of Justice to give preliminary rulings on the acts referred to in Article 35 of the Treaty on European Union (TEU)....


Better Regulation, Administrative Burdens and Fast Track Actions

Posted on March 11, 2008
So perhaps we were a bit skeptical about "Better Regulation" when we wrote up about the Commission's 2007 Annual Report a while back. It looks like we were being unfair. The Commission has recently published a report, COM(2008) 141 final,...


Internet Sales, DVDs, Censorship and the Free Movement of Goods: Case C-244/06

Posted on March 09, 2008
Here's a neat judgment of the Court of Justice on the free movement of goods. The case concerns the censorship and classification of videos and DVDs sold by mail order and over the internet. The judgment is a neat one...


Update on Urgent Preliminary Ruling Procedure

Posted on March 06, 2008
We noted a short while ago the introduction of the urgent preliminary ruling procedure in the area of freedom, security and justice. The procedure is effective from March 1st, 2008. The Court of Justice has issued a press release summarizing...


Fifth Commission Report on Citizenship

Posted on March 05, 2008
If there is one interesting development in the case law of the Court of Justice, it is that which concerns citizenship. Take this case, for example, or that one. The Commission publishes a report every so often on "Citizenship of...


Microsoft Again: Mega Penalty Payment

Posted on February 27, 2008
The Commission has imposed a penalty payment of ? 899 million (US $ 1,359 million) on Microsoft for non-compliance with its obligations under the Commission?s March 2004 Decision prior to 22 October 2007. The Decision, adopted pursuant to Article 24(2)...


Annual Report of Commission

Posted on February 25, 2008
The Commission has published its Annual Report for 2007. There's a special web page devoted to it here. The report is well worth looking at because it contains such of a wealth of information, despite some of the propaganda-speak. Look...


New Judge Appointed to the Court of Justice

Posted on February 23, 2008
Mr. Jean-Jacques Kasel, from Luxembourg, has been appointed to the bench at the Court of Justice. He replaces Judge Romain Schintgen. You can find a brief resume in the Court's press release here. Judge Kasel was sworn in on January...


Choice of law, Consumer Contracts and Law of Consumer

Posted on February 17, 2008
A recent trawl of some questions posed by the European Parliament to the Commission revealed this interesting question and answer about the applicability and scope of the law of the state of the consumer in cross border transactions. Look at...


Review Procedure before the Court of Justice: Draft Amendments to the Rules of Procedure

Posted on February 11, 2008
Article 225 § 2 EC provides: The Court of First Instance shall have jurisdiction to hear and determine actions or proceedings brought against decisions of the judicial panels set up under Article 225a. Decisions given by the Court of First...


Justice Forum: Networking in the Area of Justice, Freedom and Security

Posted on February 10, 2008
The Commission has announced that it will set up a "Justice Forum" on April 15th 2008 to talk about the application of the laws in the area of justice, freedom and security. According to a recent press release, the Justice...


The Rise of Comparative Law (And EU Law as Catalyst)

Posted on February 05, 2008
Professor Bénédicte Fauvarque-Cosson of the University of Paris II - Panthéon-Assas - has just published a monograph on how the creation EU law has had an impact on comparative law and comparative law education. The abstract states: Over the past...


File Sharing, Kazaa, Intellectual Property Rights and Privacy: Case C-275/06

Posted on February 03, 2008
The Court of Justice has handed down an interesting judgment in Case C-275/06 Promusicae v. Telefónica on the balance to be struck between privacy and the effective protection of intellectual property rights to prevent peer-to-peer musical file transfers...


Great Grahnlaw Blog

Posted on February 03, 2008
And while we're on the subject of great EU blogs, look at Ralf Grahn's blog here. Ralf is a lawyer in Finland and his blog, called "Grahnlaw", is about the politics, the law and the future of the EU. He...


Antitrust Fine on E.ON Energie for Breach of Seal During Inspection

Posted on February 03, 2008
In the first case of its kind, the Commission imposed a fine of ?38,000,000 (US$ 56,222,913.74) on E.ON Energie AG, the German energy group, for breaking a seal fixed to a door overnight to prevent the disappearance of documents in...


EU for US blog

Posted on February 02, 2008
An insightful comment left by Jane Margaret happily drew our attention to her "EU for US blog". Frankly, we didn't know about the EU for US blog which presents "the EU filtered by a quiet American". And it gives a...


New Rules of Procedure for Conference of National Parliaments

Posted on February 02, 2008
National Parliaments, having long been sidelined either by the executives of the member States or by the European Parliament itself, are making a comeback in European affairs. Back in July 2006 we noted how the Commission intended to send all...


Preliminary Rulings in the Area of Freedom, Security and Justice: Urgent Procedure Adopted

Posted on January 29, 2008
Some time ago we posted a note about future amendments to the Rules of Procedure of the Court of Justice to provide for an urgent procedure for preliminary rulings in the areas of freedom, security and justice. Those amendments have...


Cosmetics, Free Movement and Harmonization Directive: Case C-257/06

Posted on January 29, 2008
The Court of Justice handed down a neat judgment in Case C-257/06 Roby Profumi SrL v. Comune di Parma dealing with the relationship between a directive that harmonizes the law completely and the free movement provisions of the EC Treaty....


Article 228 EC - Portugal Ordered to Pay Penalty Payment: Case C-70/06

Posted on January 28, 2008
The Court of Justice in Case C-70/06 Commission v. Portugal ordered Portugal to pay a periodic penalty payment of ?19,392 (US$ 28,493.64) per day for failing to comply with its previous judgment in Case C-275/03 Commission v. Portugal. In its...


Ratification of Reform-Lisbon Treaty in the United Kingdom

Posted on January 21, 2008
The ratification process of the Reform-Lisbon Treaty is underway in the United Kingdom. That process is sure to generate some interesting, even heated, debates. The British House of Commons Library has published an informative research paper on the bill that,...


Single and Continuous Infringement, Limitation Periods and Antitrust: Joined Cases T-101/05 and T-111/05

Posted on January 15, 2008
The judgment in Joined Cases T-101/05 and T-111/05 BASF and UCB v. Commission is noteworthy for what it says about the problem of finding "a single and continuous infringement" of the antitrust rules. According to Article 25 §1 b) of...


Increase in Antitrust Fine and Unlimited Jurisdiction of the CFI: Joined Cases T-101/05 and T-111/05

Posted on January 14, 2008
In its judgment in Joined Cases T-101/05 and T-111/05 BASF and UCB v. Commission, the Court of First Instance did a remarkable thing: It increased the fine imposed on an undertaking for a breach of the antitrust rules. That is...


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