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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

State Aids, National Courts and Commission Procedures: Case C-1/90

Posted on March 15, 2010
The Court of Justice has handed down a quick judgment in Case C-1/90 CELF that clears up the situation of national courts seised of an action for the recovery of unlawful state aid pending a decision of the Commission on...

Loss of Nationality, Deception, Citizenship and EU Law: Case C-135/08

Posted on March 03, 2010
The Court of Justice has handed down an interesting and important judgment on the loss of citizenship and its relationship to EU law. In its judgment in Case C-135/08 Janko Rottmann v. Freistaat Bayern, the Court held that EU law,...

Right of Residence, Children, Parents and Means of Support: Case C-310/08 and Case C-480/08

Posted on February 28, 2010
The Court of Justice has handed down not one but two important judgments on the the free movement of persons and the tight of residence. In Case C-310/08 Ibrahim and Case C-480/08 Teixeira the Court of Justice held that a...

Northern Cyprus, Applying ECJ Judgments in National Courts and Claims of Bias in Case C-420/07

Posted on February 21, 2010
Here's a very unusual and odd case which the English Court of Appeal had to deal with recently. In Meletios Apostolides v. Orams and Orams, the Court of Appeal had to decide whether or not a judgment of the Court...

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Operating Rules of Judicial Selection Panel

Posted on February 08, 2010
Article 255 TFEU requires the establishment of a panel to give an opinion on candidates' suitability to perform the duties of Judge and Advocate-General of the Court of Justice and the General Court before the governments of the member States...

Death of Pierre Pescatore

Posted on February 07, 2010
Pierre Pescatore died on February 2nd, 2010, aged 91. He was one of the representatives of Luxembourg government at the negotiations of the Treaty of Rome. Then he was a judge at the Court of Justice for 18 years. If...

Horizontal Direct Effect of Directives (?) and Age Discrimination: Case C-555/07

Posted on February 07, 2010
The Court of Justice has handed down a major judgment on the horizontal direct effect of directives. And on age discrimination, again. The judgment of the Court in Case C-555/07 Seda K�c�kdeveci is a difficult and subtle one and is...

Age Discrimination, Justification and Firemen and Dentists: Cases C-229/08 and C-341/08

Posted on January 17, 2010
The Court of Justice has handed down two judgments on age discrimination: Case C-229/08 Colin Wolf concerns age limits for the employment of firemen and Case C-341/08 Domenica Petersen deals with age limits for panel dentists. In both judgments the...

Implementation of Lisbon Treaty and Delegated Acts : Commission Communication on Article 290 TFEU

Posted on January 15, 2010
The new Article 290 TFEU provides: 1. A legislative act may delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act. The objectives, content, scope and...

Review Judgment by ECJ, Due Process and Unity or Consistency of EU Law: Case C-197/09 RX-II:

Posted on January 13, 2010
As pointed out by our friends at the excellent Adjudicating Europe blog the Court of Justice has taken the unusual step of reviewing a judgment of the Court of First Instance (now the "General Court") at the request of the...

Antitrust Proceedings: Transparency and Predictability

Posted on January 12, 2010
We're back ! It seems it is slowly beginning to dawn on the Commission that there is something wrong with its antitrust proceedings: Lack of due process; No independent review of the evidence; Confusion between decision-making and investigative powers and...

Blogging Break

Posted on December 23, 2009
Seasons greetings, Dear Readers. We're taking a break and will be back with lots of fascinating posts early in the New Year. Until then, have fun !

Reasoning, Public Policy, Human Rights and Raising a Plea on Own Motion: Case C-89/08 P

Posted on December 16, 2009
It is not every day that the Court of Justice beats up the Court of First Instance (as it was known) for violating the human rights of the parties. But that is just what it did in its judgment in...

Bilateral Investment Treaties, Pre-Accession Agreements and Free Movement of Capital (and Reciprocity): Case C-118/07

Posted on December 15, 2009
The Court of Justice has handed down an interesting judgment in Case C-118/07 Commission v Finland on the need to amend existing bilateral agreements with non member countries concluded by a member State before it acceded to the EU. The...

Delays in the General Court: Case C-425/08

Posted on December 11, 2009
Here's a judgment of the Court of Justice that caught our eye recently. It is not a ground breaking judgment by any stretch of the imagination. But it does illustrate the chronic backlog of cases pending before the General Court...

Court's New Information Note on Preliminary References

Posted on December 10, 2009
The Court of Justice has updated its "Information Note" on preliminary references made by national courts under Article 267 TFEU. The new Information note takes account of the changes made by the Lisbon Treaty and in particular the exceptions and...

New Advocate General at the Court of Justice

Posted on December 08, 2009
As our friends over at Adjudicating Europe have pointed out, a new Advocate General has been appointed at the Court of Justice to replace poor Advocate General Ruiz-Jarabo Colomer. The new appointee is Mr. Pedro Cruz Villal�n. His appointment is...

Rules of Procedure of the European Council

Posted on December 07, 2009
The European Council has adopted and published its own Rules of Procedure. The Rules of Procedure deal with such matters as the preparation and follow-up to the proceedings of the European Council, the preparation of its meetings and its agenda,...

Lisbon Treaty and Changes to the Court of Justice

Posted on December 01, 2009
As you know by now, the Lisbon Treaty entered into force today, December 1st 2009. The Court of Justice has published this very useful short guide to the changes that the Lisbon Treaty makes to the Court of Justice itself,...

Criminal Penalties, Environmental Law and Ship-Source Pollution: Directive 2009/123/EC

Posted on November 30, 2009
The Council and European Parliament have adopted Directive 2009/123/EC on ship-source pollution and on the introduction of penalties for infringements. After the judgment of the Court of Justice in Case C-176/03 Commission v Council that we wrote about here and...

Criminal Law, Evidence and Cross-Border Investigations: The Green Paper

Posted on November 23, 2009
We've said it before ! EU criminal law is the big growth area. Now the Commission has launched a green paper (COM (2009) 624 final) asking for comments on obtaining evidence in criminal matters from one member State to another...

Intel, the Ombudsman and the Commission's Antitrust Investigation

Posted on November 18, 2009
The European Ombudsman has made public a version of his decision concluding his investigation into misconduct and maladministration by the Commission's DG Competition. Intel had complained to the European Ombudsman alleging two things. First that the Commission had failed to...

Pregnancy, Discrimination and Effective Judicial Protection: Case C-63/08

Posted on November 16, 2009
Pregnant women must be entitled to effective judicial protection. So holds the Court of Justice in its judgment in Case C-63/08 Virginie Pontin v. T-Comalux SA. Thus, if national law lays down a time-limit for a pregnant woman dismissed from...

EU/US Extradition and Mutual Legal Assistance Agreements

Posted on November 14, 2009
The Council has adopted and published its decision to conclude the extradition and mutual legal assistance agreements between the USA and the EU.That means that both agreements are nearer to entering into force which should be on the first day...

Infringements, Judicial Decisions and a National Supreme Court: Case C-154/08

Posted on November 14, 2009
The Court of Justice recently handed down a significant judgment in Case C-154/08 Commission v. Spain making clear that an error of law made by a national Supreme Court can constitute an infringement of EU law. Consequently, the Commission can...

Sad News: Death of AG Ruiz-Jarabo Colomer

Posted on November 13, 2009
We're very sad to announce the sudden death of Advocate General Ruiz-Jarabo Colomer on November 12th 2009. The Court's press release is here. He was born in 1949 and was a professional judge in Spain before being appointed to the...

Lisbon Treaty, Czech Constitutional Court (Again) and Ratification

Posted on November 04, 2009
The Czech Constitutional Court has lifted the last major obstacle to the entry into force of the Lisbon Treaty. On November 3rd 2009 it handed down a second judgment (a summary and a press release are available in English) finding...

2008 Commission Report on Public Access to Documents

Posted on October 14, 2009
The Commission released its annual report on transparency for the year 2008. You can read the document - COM(2009) 331 final - here. It makes interesting reading. One would get the impression from reading the judgments of the Court of...

Emissions Trading, National Allocation Plans, Subsidiarity and Exceedance of Powers: Cases T-183/07 and T-263/07

Posted on September 27, 2009
The European states love to pontificate about reducing greenhouse gas emissions. Yet doing something practical to really reduce them is a different matter. The Commission tried to do something to reduce those emissions but in Case T-183/07 Poland v. Commission...

New Blog: "Adjudicating Europe"

Posted on September 22, 2009
Where have we been lately ? A terrific new blog has been brought to our attention. It is called "Adjudicating Europe". You can access it here. It is a very lively, well written, informative blog. We really liked their hit...

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