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International Law

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

On-line Betting, Sport Sponsorship, Freedom to Provide Services and Case C-42/07

Posted on September 08, 2009
The Court of Justice has handed down an important and interesting judgment in Case C-42/07 Liga Portugesa de Futebol Profissional on the restriction of the supply of online gambling and betting services. The Court held that Article 49 EC allows...

Joint Legal Bases, Funds and the Peace Process: Case C-166/07

Posted on September 03, 2009
We're back ! Thanks for being so patient during the long break. The Court of Justice handed down an interesting judgment in Case C-166/07 European Parliament v. Council on the use of two legal bases at the same time for...

European Court of Human Rights and Administrative/Antitrust Proceedings

Posted on July 29, 2009
The European Court of Human Rights has handed down a significant judgment finding that France is in breach of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights because of the manner in...

Caselaw on Free Movement of Goods

Posted on July 20, 2009
The EC Commission has published a magnificent compendium of the case law of the Court of Justice on the free movement of goods. You can download it in pdf here. Of course, it is very descriptive and contains little or...

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National Parliaments and European Commission: 2008 Report

Posted on July 11, 2009
The EC Commission has published its annual report on its relations with national parliaments (COM (2009) 343). Back in 2006, the Commission published a rather verbose paper (Com (2006) 211) stating on page 9 that it would provide all national...

Olympic Airways, State Aid, Infringements and Financial Penalites against Greece: Case C-369/07

Posted on July 07, 2009
The Court of Justice has once again ordered Greece to pay a lump sum and a periodic penalty payment under Article 228 EC for failing to comply with a Court judgment. This time Greece failed to comply with the judgment...

Number of Prisoners: Statistics for 2005-2007

Posted on July 04, 2009
The EC Commission recently released a fascinating set of statistics on the number of prisoners in the EU between 2005 and 2007. You can find them here. During that period there were 607 000 adult and juvenile prisoners including pre-trial...

Free movement of Persons, Directive 2004/38 and Guidelines on Transposition

Posted on July 03, 2009
The Commission adopted guidelines to help ensure better transposition and application of Directive 2004/38/EC on the right of EU citizens and their families to move and reside freely. We noted a while back we noted the Commission's report on the...

German Constitutional Court and Lisbon Treaty Ratification

Posted on July 02, 2009
The German Federal Constitutional Court has handed down its judgment on the compatibility of the Lisbon-Reform Treaty with the German Basic Law (as the constitution is called). The Constitutional Court concluded that there was incompatibility between the Lisbon Treaty and...

Antitrust Fines, Tax Deductibility, Coöperation between Commission and National Courts: Case C-429/07

Posted on June 15, 2009
The Court of Justice has handed down its first judgment defining the scope of the right of the Commission to intervene in proceedings pending before national courts where the coherent application of the antitrust rules so require. In its judgment...

Common Frame of Reference and House of Lords Report

Posted on June 14, 2009
Regular readers surely know that we are big fans of the Reports published by the British House of Lords EU Select Committee. That Committee has recently published an interesting and comprehensive report on the "Draft Common Frame of Reference" ("DCFR"),...

Free Movement of Goods, Product Use and Jet-Skis: Case C-142/05

Posted on June 13, 2009
Remember that a while ago the Court of Justice held that in principle that national rules regulating the use of products are within the ambit of Article 28 EC but can be justified under Article 30. The Court made that...

Infringement Cases, Article 228 EC, Financial Penalties, Lump Sum Payments: Case C-109/08 and Case C-568/07

Posted on June 08, 2009
A really bad day for Greece ! Not one but two judgments of the Court of Justice imposing the payment of a lump sum financial penalty for failure to comply with a Court judgment contrary to Article 228 EC. The...

Korea - EU Competition Cooperation Agreement

Posted on June 03, 2009
The EU has finally signed an agreement to coöperate with the Republic of Korea on antitrust matters. It has taken quite a while for the EU to sign it (appeasement of the North, perhaps? Allright, that's just a joke). The...

Directory of EU Legislation in Preparation

Posted on June 01, 2009
The EU's Office of Publications has set up a neat, web-based, directory of EU legislation in preparation. You can consult it at the link here. The only thing is that it does not seem to be kept up to date...

Pharmacies, Ownership, Freedom of Establishment and Public Health: Cases C-531/06, C-171/07 and C-172/07

Posted on May 24, 2009
Can member States provide that only professionally qualified pharmacists may own and operate a pharmacy ? Yes, answers the Court of Justice in its Grand Chamber formation in its judgments in Case C-531/06 Commission v. Italy and Joined Cases C-171/07...

Intel, Abuse of a Dominant Position and Massive Fine

Posted on May 17, 2009
You've probably read the news already: Intel has been fined ?1.06 billion (US $ 1.43 billion) by the Commission for abusing its dominant position in breach of Article 82 EC. That is the largest fine ever imposed by the Commission...

Fixed Book Prices, Free Movement of Goods and Justification: Case C-531/07

Posted on May 12, 2009
Here's a standard, solid judgment on the free movement of goods and fixed book prices. In its judgment in Case C-531/07 Fachverband der Buch- und Medienwirtschaft v. LIBRO Handelsgesellschaft mbH the Court of Justice held that a prohibition on importers...

Commission Report on Monitoring of Compliance with the Charter of Fundamental Rights

Posted on May 11, 2009
The Commission has recently published an informative report entitled "Report on the practical operation of the methodology for a systematic and rigorous monitoring of compliance with the Charter of fundamental rights" (COM (2009) 0205). The report is really quite a...

Preliminary References, Admissibility and the Transposition Period: Joined Cases C-261/07 and C-299/07

Posted on May 04, 2009
Now here's an interesting judgment on preliminary references that takes a liberal approach to their admissibility. It also makes clear that national courts must refrain from taking any decision likely to compromise the objective of a directive during the transposition...

Standing to sue, Individuals, Habitats and a Commission Decision: Case C-362/06 P

Posted on May 03, 2009
The Court of Justice has once again taken a fairly strict line on the matter of the standing to sue of individuals. In Case C-362/06 P Markku Sahlstedt and Others v. Commission the Court of Justice dismissed an appeal against...

Commission Report on How Regulation 1/2003 Works

Posted on May 02, 2009
Regulation 1/2003 is the main regulation laying down the procedure in antitrust cases. It entered into force on on May 1 2004. It brought about a major reform of the procedure by decentralizing the application of the EU antitrust rules...

Blogging break

Posted on April 10, 2009
Just to let all you patient readers know that we're taking a break for about ten days. It is vacation time ! Enjoy the break, too.

Uncastrated Pigs, State Liability and Limitation Periods: Case C-445/06

Posted on April 09, 2009
The principle of State liability for loss and damage caused to individuals as a result of breaches of EU law for which the State can be held responsible is now very well established (Joined Cases C-6/90 and C-9/90 Francovich and...

Right of Residence, Free Movement of Persons, Non-EU Spouses: Case C-127/08

Posted on March 28, 2009
How could this have happened ? We're kind of embarrassed..... Here's a major case dealing with the free movement of persons in which the Court of Justice overruled itself and handed down a judgment that's very "citizen friendly". And we...

The European Court's Political Power: Article by Karen Alter

Posted on March 22, 2009
Professor Karen Alter of Northwestern University has published an article entitled "The European Court's Political Power Across Time and Space". Here's what the abstract states:"This article extracts from Alter's larger body of work insights on how the political and social...

Annual Report of Commission for 2008

Posted on March 21, 2009
The Commission has published its annual report for 2008. Like last year, there's a special web page devoted to it which you can access here. The annual report is a rich source of information about what is going on in...

Tennis Rackets, Aviation Security, Unpublished Regulations: Case C-345/06

Posted on March 16, 2009
Anyone for tennis ? Just don't carry tennis rackets in Europe. Read on to find out why.... A recent judgment of the Court of Justice ? Case C-345/06 Gottfried Heinrich ? sets out the principle that part of a regulation...

Cross-border Health Care and the House of Lords Report

Posted on March 09, 2009
We are big fans of the reports of the British House of Lords Select Committee on the European Union. The recent report entitled "Healthcare across EU borders: a safe framework", available here or here in pdf format, is well worth...

Judicial Appointment in the Court of First Instance

Posted on March 02, 2009

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