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 European Court of Justice

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updated Mon. April 2, 2018

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A TOP Brexiteer who repeatedly urged Scottish voters to ditch "unelected judges in Luxembourg" has now backed a continuing role for the European Court of Justice in Britain. Tom Harris, former director of Vote Leave in Scotland, said Britain should continue to comply with the European arrest ...
During the year, 17new infringement procedures involving Estonia were launched and 14 procedures concerning failure to transpose EU law in time closed. None of the infrigement procedures reached the trial phase. Most of the infringement procedures involving Estonia involved delays in ...

As these ISDS tribunals exist outside normal court system, including Europe's judicial system, the European Court of Justice ruled that they are incompatible with EU law. ISDS is best known as being part of the controversial Transatlantic Trade and Investment Partnership (TTIP), a planned EU-US ...
To get this far, the U.K. has had to make big concessions that have upset pro-Brexiteers, namely on the rights of EU citizens coming to Britain, the rights of U.K. fishing fleets in U.K. waters and the role of the European Court of Justice. The U.K. has also ceded ground on the transitional arrangements for the ...
Brexit negotiators have said the rights of EU citizens arriving in the UK and UK expats on the continent would remain in place until the end of 2020. But expats want to ... The family are three of five claimants seeking to retain their EU citizenship rights after Brexit through The European Court of Justice (ECJ) .
EU authorities have in recent years taken aim at Google's dominance among internet search engines and demanded back taxes from Apple and Amazon. The European Court of Justice in 2014 recognized "the right to be forgotten," allowing people to demand search engines remove information about them ...

(CN) – As in 2016, Luxembourg-based officials reported Friday, more than 1,600 cases were brought last year before the European Court of Justice and the General Court of the EU. A five-year look of how the European Court of Justice handled cases between 2013 and 2017. Of the 1,656 cases brought, ...
The fundamental reasoning of the Court can be summarized as follows: the arbitration agreement under examination may give rise to an arbitration procedure where EU law would be interpreted or applied, without the ultimate control of the CJEU. That, in the eyes of the CJEU, undermines its own ...
The European Court of Justice (ECJ) is likely to uphold the concerns of the Irish courts about extraditing people to Poland, according to an expert on European law. Any such ruling would create a massive crisis for the EU justice system and would be enormously embarrassing for Poland. Prof Laurent Pech ...
The authorities decided they should be sent back to Croatia because it was their point of entry to the EU. The sisters challenged this at the European Court of Justice [ECJ], but it ruled in favour of the authorities. Under the so-called Dublin regulation, refugees typically have to seek asylum in the first EU ... Austria
(CN) – An Irish court should be allowed to protect one of its citizens from a judgment abroad of which the man did not receive prior notice, a magistrate with Europe's highest court determined Thursday. The case before the Luxembourg-based European Court of Justice stems from a work assignment that ... Austria
In a groundbreaking decision of 6 March 2018, the European Court of Justice (CJEU) shook up the arbitration community. The first reaction generally is that the CJEU has virtually stopped investment arbitration proceedings if the underlying Bilateral Investment Treaty (BIT) had been concluded between ... Austria
... of treaties at risk as ECJ rules clause ILLEGAL. HUNDREDS of treaties have been shrouded in doubt after the European Court of Justice (ECJ) ruled that an arbitration clause in investment protection agreements violates EU law. By Paul Withers. PUBLISHED: 07:12, Thu, Mar 8, 2018 | UPDATED: 12:19, Thu, Mar 8, 2018 ... Austria
European Court of Justice rules that Dutch fiscal unity regime violates EU freedom of establishment - Dutch remedial legislation kicks in retroactively limiting ... Today, on 22 February 2018, the European Court of Justice ruled that certain benefits of the Dutch fiscal unity regime for corporate income tax ... Austria
May's speech on Friday fell flat in Brussels, where it was felt the prime minister was still seeking the benefits of the single market without accepting the obligations to accept the primacy of EU law, jurisdiction of the European court of justice and the free movement of goods, capital, services and labour. Austria
The ECJ's ruling in 2016 was also referred to in a report by former Chief Justice John Murray's on Ireland's data retention regime, which described the 2001 Act as being contrary to EU laws and amounted to mass surveillance. "While that report was advisory", counsel said "it was difficult to imagine a more ... Austria

Employers can include pregnant women in job cuts, the top EU court, has ruled, dismissing the case of a woman who said her upcoming birth should have ... The European Court of Justice said that its decision applied to instances where there was no link between the decision to end employment and the ... Austria
WARSAW — Poland broke international law by drastically increasing logging in one of Europe's last primeval woodlands, which is home to endangered animal species, an official of the European Court of Justice said on Tuesday. Yves Bot, an advocate general at the court, issued his opinion on the ... Austria
The Supreme Court will shortly finalise questions for the European Court of Justice about Brexit's potential impact on the extradition of EU citizens to the UK. If the European court agrees to fast-track the case it could make a decision within three months. Given the importance of the issues raised, other EU ... Austria
British nationals living the Netherlands had taken a case to the Amsterdam district court arguing that they should not be stripped of their EU citizenship after Britain leaves the EU. In a decision released on Wednesday, the district court said it would refer the case to the European Court of Justice (ECJ). Austria
The CJEU acknowledged that “an international agreement providing for the establishment of a court responsible for the interpretation of [the EU's] provisions and whose decisions are binding on the institutions, including the Court of Justice, is not in principle incompatible with EU law.”11 However, Article 8 ... Austria
Britain will be hit with European Commission legal action for persistently ignoring Eu rules on deadly air pollution, a breach which could result in huge fines from the bloc's highest court. The Telegraph has learnt that Britain is among the worst offending member countries that will be hit by new ...
The Government will not accept a Brexit deal which keeps Britain under the jurisdiction of the European Court of Justice (ECJ), Boris Johnson has said. ... But such a move would place the EU on a collision course with Theresa May, the Prime Minister, who has long insisted that the court's influence over ...
The Queen Mary University of London Professor said that no matter the type of dispute resolution alternative the UK will choose to implement post-Brexit, there will still be no escape from rulings of the European Court of Justice. Giving evidence to the EU Justice sub-committee on Tuesday, Mr Mitsilegas ...
On 8 February 2018 the European Court of Justice handed down its Judgment in Case C-144/17, Lloyd's of London v Agenzia Regionale per la ... of the principles of equal treatment of all tenderers and of transparency, which constitute the basis of the EU directives on public procurement procedures, ...
After a Belgian court ruled that Bosch and Siemens should not have to carry the proviso since EU energy labelling rules do not allow extra information, Dyson took the matter to the European Court of Justice (ECJ), seeking to clear up the law. However, on Thursday the court's top legal adviser disagreed ...
The EU's top court has ruled that firms can dismiss pregnant workers as part of general staff cuts, despite legal protections for pregnant women. The European Court of Justice (ECJ) defended the position of Spain's Bankia - a bank that was bailed out - over its dismissal of a pregnant woman in 2013.
The European Court of Justice on Thursday found Poland guilty of violating air quality norms and warned of financial penalties if Poland did not comply swiftly. The case was brought against Poland in December 2015 by the European Commission, which found that the daily limit for harmful air pollutants ...
Next come EU laws. Mrs May has said Britain must escape the jurisdiction of the European Court of Justice (ECJ). Norway's trade with Europe is instead governed by the court of the European Free Trade Association (EFTA). As a matter of principle, the EFTA court's rulings are advisory, and it lacks the ...
The European Court of Justice has ruled that a part-time Belgian fireman can claim payment for on call time. Rudy Matzak - a volunteer firefighter in Nivelles - is allowed to stay at home when on call, but has to be ready for work with only eight minutes' notice. The ECJ argued this qualifies as work due to the ...
“Poland is a state of law that respects the opinion of the spokesman of the European Court of Justice,” the minister, Henryk Kowalczyk, said in a statement published on Tuesday morning. “The Bialowieza Forest is an exceptionally valuable area for Poland, and all of the past actions had been undertaken in ...
“It is of huge importance for the EU because this treaty helps us to overcome discriminatory barriers to access by persons with disabilities to cultural ... France, Hungary, Italy, Lithuania, the Czech Republic, Romania and the United Kingdom) lodged a complaint at the European Court of Justice (ECJ).
May, who will speak directly before European commission president Jean-Claude Juncker, is widely expected to say the UK would like to remain a member of Europol, the EU's law enforcement agency, and the European arrest warrant, but both are currently policed by the European court of justice.
Prime Minister Theresa May triggered Article 50 last year, committing the UK to leaving the EU in March 2019. Last week, the politicians went to court to seek permission to go to the European Court of Justice for a ruling on whether Brexit could be called off. A judge at the Court of Session refused to allow ...
With the procedure, the commission puts increased pressure on member states, which can end up being brought in front of the European Court of Justice (ECJ) - potentially resulting in a fine. The commission sent its final warnings - the so-called 'reasoned opinion' - to member states one year ago, but have ...
The Supreme Court will shortly finalise questions for the European Court of Justice about Brexit's potential impact on the extradition of EU citizens to the UK. If the European court agrees to fast-track the case it could make a decision within three months. Given the importance of the issues raised, other EU ...
The European Court of Justice (ECJ) has been asked to consider whether Britons living in the 27 other member states can retain their rights as EU citizens after Brexit. The Dutch courts have referred the case, which could have implications for a million Britons living in other EU countries, to the ECJ.
British nationals living the Netherlands had taken a case to the Amsterdam district court arguing that they should not be stripped of their EU citizenship after Britain leaves the EU. In a decision released on Wednesday, the district court said it would refer the case to the European Court of Justice (ECJ).
But Mr. Szpunar's opinion for the European Court of Justice “could mean that Louboutin would not be able to stop its competitors, including haute couture fashion houses, from offering shoes with red soles,” said Sanjay Kapur, a partner at the British law firm Potter Clarkson and a specialist in trademark law.
Xuereb was nominated to the EU General Court in 2016. Prior to that, he served as head of the University of Malta's department of European and Comparative Law and chair of its Institute of European Studies. A Cambridge scholar who has served as a visiting professor in the United States, the United ...
Judge Peter Xuereb has been nominated by the government to succeed Anthony Borg Barthet as Malta's sitting judge in the EU's Court of Justice, the Justice ministry said in a statement. Borg Barthet's term comes to end this year, having taken up the role in 2004, having been reappointed to the post a ...
For the right to fish this rich sea, the EU pays Morocco an annual sum of $37m, some of which must go to supporting its own fishing industry, and for each tonne of fish caught, ... But in January, the European Court of Justice's advocate-general issued an opinion declaring the trade agreement “invalid.”.
As long as the UK is inside the EU, the European Court of Justice (ECJ) acts as the ultimate arbitrator in trade disputes between member states and EU institutions. But the UK government has made clear that it will no longer be subject to the jurisdiction of the ECJ after Brexit. Nor will it seek membership of ...
In a series of cumulated verdicts today, the European Court of Justice said the Commission was right to fine a group of freight forwarding companies over cartel charges, dismissing an appeal brought by logistics groups Kuehne & Nagel, Panalpina, Schenker, Deutsche Bahn and others, 13 in all.
The effect of Brexit on extradition orders will be immediately addressed after the Supreme Court referred the case of an Irish man wanted in the UK to the European Court of Justice. Thomas Joseph O'Connor, 51, from Roscommon, is wanted in the UK over his role in a £5 million tax fraud. Last year he was ...
The EU has given Britain and eight other states until next Friday to show how they will comply with EU air pollution laws or face the European Court of Justice. The ultimatum came as London reached its legal air pollution limit for 2018 in just the year's first month, and could lead to heavy fines being ...
Britain's Brexit Secretary David Davis has conceded that the UK will remain subject to decisions by the European Court of Justice (ECJ) during its ... “We're happy to accept ECJ jurisdiction in that period (the transition),” Davis told a hearing of the Exiting the EU committee of MPs on Wednesday (24 January) ...
The French Minister of the Economy and Finance, Bruno Le Maire, said he wants the EU to secure a deal with the UK on its Brexit transition process. Mr Maire made it very clear that the UK cannot keep its access to the single market and refuse to accept the rulings of the European Court of Justice and the ...
The European Court of Justice has ruled that sexual orientation tests can't be used to rule on asylum applications. ... Hungarian immigration officials were wrong to make a Nigerian asylum applicant undergo psychological tests to determine whether or not he was gay, the European Court of Justice (ECJ) ...


 

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