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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

Banking Crisis, State Aids and Commission Guidance

Posted on October 14, 2008
As we announced a few days ago, the Commission has now issued its new guidance on how governments of member States can spend vast sums to try to save all those bankrupt banks in the EU. And get away with...

Citizenship, Free Movement, Surnames and Private International Law: Case C-353/06

Posted on October 14, 2008
Some time ago, in 2006, we noted a strange case, C-96/04Standesamt Stadt Niebüll in which the Court of Justice declined jurisdiction to respond to a preliminary question referred by a national court exercising an administrative rather than a judicial function...

Banking Crisis, State Aids and What is to Come

Posted on October 09, 2008
Ms. Kroes, the member of the Commission responsible for State aid control and antitrust recently addressed the Economic and Monetary Affairs Committee of the European Parliament. Her speech, which gives some indication of the calamitous state of the banking sector...

Appointments to the Court of Justice in October 2009

Posted on October 09, 2008
According to a recent, publicly accessible letter from the President of the Court of Justice, the term of office of thirteen judges and four advocates general expires on October 6th 2009. Now that is a lot of members of the...

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Increase in Antitrust Fines and Counterclaims: Case T-69/04

Posted on October 08, 2008
The Court of First Instance handed down a couple of judgments dealing with antitrust. We won't cover them all. So let's just look at one for now, Case T-69/04 Schunk and Schunk Kohlenstoff-Technik v Commission. It is quite an odd...

Ombudsman and European Investment Bank Conclude Memorandum of Understanding

Posted on October 04, 2008
The European Ombudsman and the European Investment Bank have concluded a "Memorandum of Understanding" on how complaints into maladministration by the bank should be handled. What is striking is the expansive and reactionary definition of "maladministration" which the Ombudsman puts...

Duration of Proceedings and Joined Cases C-120/06 P & C-121/06 P

Posted on October 01, 2008
A while ago we noted the Court of Justice's judgment in Joined Cases C-120/06 P and C-121/06 P FIAMM and FIAMM Technologies v Council and Commission. There's an interesting little twist at the end of that judgment. The parties had...

Transparency, Discovery and Antitrust Damages Claims: Case T-403/05

Posted on September 25, 2008
Hot on the heels of the judgment of the Court of Justice in Joined Cases C-39/05 P and C-52/05 P Sweden and Turco v Council (noted here) in which the Court held that greater access to documents should be granted...

Council Decision: Accession and Ratification of 1996 Hague Convention on Parental Responsibility and the Protection of Children

Posted on June 12, 2008
The Council Decision of June 5th 2008 authorizing certain member States to ratify, or accede to the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Coöperation in respect of Parental Responsibility and Measures for the Protection of Children...

European Union Patent Courts & Judiciary

Posted on June 12, 2008
Work has started in earnest in the Council on a draft Agreement on the European Patent Judiciary. A revised Presidency working document dated May 14 2008 with a new version of the draft Agreement was released recently. (For a first...

Customs Union, New Customs Code, Regulation 450/2008

Posted on June 11, 2008
Let's not forget that the EU is first and foremost a customs union. The new Customs Code - Regulation 450/2008 - has been adopted by the Parliament and Council and published recently. It is quite a monument and an achievement....

Comitology, Interinstitutional Agreement between Commission and Parliament

Posted on June 10, 2008
More excitement on the comitology front! A while back we noted the new procedure called the "regulatory procedure with scrutiny" introduced by Council decision 2006/512/EC (and see here for an update). The European Parliament and the Commission have recently concluded...

Arbitration, Arbitration Clauses and Anti-suit Injunctions: Case C-185/07

Posted on June 10, 2008
According to the Court of Justice's web calendar, the Court heard today what may turn out to be one of the most significant cases in the commercial world for a very long time. Yes, you guessed right ! It was...

Powers of Institutions, Secondary Legal Basis, Asylum Policy: Case C-133/06

Posted on June 08, 2008
Catching up a little on some past judgments! The Court of Justice handed down an important judgment in Case C-133/06 Parliament v. Council on the practice of establishing "secondary legal bases", that is providing a basis, in an act adopted...

New blog on European Convention on Human Rights

Posted on June 07, 2008
We're really delighted to draw your attention to a new blog on the European Convention on Human Rights. It's called the ECHR Blog and is written by Antoine Buyse of the Netherlands Institute of Human Rights (SIM), Utrecht University .

Citizenship, discrimination and state compensation: Case C-164/07

Posted on June 07, 2008
The Court of Justice handed down an important judgment in Case C-164/07 James Wood v. Fonds de garantie des victimes des actes de terrorisme et d'autres infractions stating that EU law prohibits any discrimination on grounds of nationality which results...

House of Lords Report on Reform-Lisbon Treaty

Posted on May 29, 2008
How could this have happened ? We forgot to point you to the EU Select Committee of the British House of Lords report on the Lisbon Treaty. It is entitled "The Treaty of Lisbon: An Impact Assessment". It was published...

Privacy, Adequacy and Jersey

Posted on May 28, 2008
The Commission has recently published its decision finding that Jersey provides an adequate level of protection for personal data transferred from the EU. The decision is taken pursuant to Article 25 §6 of Directive 95/46/EC on the protection of individuals...

Abuse of Dominant Position, Predation and Effects: Recent French Judgment

Posted on May 27, 2008
There's been quite a fuss lately at the EU level about Article 82 EC and whether there should be an illicit abuse of a dominant position only when the abusive behavior actually has deleterious effects on the market. The Commission's...

Mediation and Cross-Border Civil and Commercial Disputes: Directive 2008/52/EC

Posted on May 26, 2008
A new Directive - Directive 2008/52/EC of the European Parliament and of the Council of May 21st 2008 on certain aspects of mediation in civil and commercial matters - has just been published. The purpose of Directive 2008/52/EC is to...

Wild Birds, Interim Measures and Malta: Case C-76/08 R

Posted on May 24, 2008
The President of the Court of Justice granted an injunction against Malta in Case C-76/08 R Commission v. Malta preventing it from adopting measures to allow the hunting of quails and turtle doves in the 2008 spring migration. The Commission...

Standing to Sue, Direct and Individual Concern and Panem et Circenses: Case C-125/06 P

Posted on May 17, 2008
A while ago, the Court of Justice handed down a significant judgment on the issue of the standing of individuals to challenge acts of the EU institutions. The judgment in Case C-125/06 P Commission v. Infront WM AG broadens a...

Consolidated Version of Treaties Published in OJ

Posted on May 13, 2008
The consolidated version of the Treaties taking account of the Lisbon-Reform Treaty amendments has now been published in the Official Journal. The citation is OJ 2008 C115, p. 1. You can find that version here. It includes the Protocols, Annexes,...

National Courts and the EU Judicial System: Draft Report of the European Parliament

Posted on May 07, 2008
Blogging has been light for a number of reasons but we'll do some catching up.... Back in June 2007 we noted the hearing that was held by the Legal Affairs Committee of the European Parliament recently held an interesting hearing...

Consumer Guarantees, Defective Goods and Compensation for Use: Case C-404/06

Posted on April 24, 2008
The Court of Justice held in Case C-404/06 Quelle AG v Bundesverband der Verbraucherzentralen und Verbraucherverbände, that Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees precludes national legislation under which a seller who has...

Energy Market Report

Posted on April 22, 2008
The Commission has published a report on the implementation of the gas and electricity markets. You can download the report - COM (2008) 192 final - here. Of course, creating an efficient European-wide market for gas and electricity in such...

Consolidated Treaty with Lisbon Treaty Amendments

Posted on April 16, 2008
Admit it ! You never thought it was going to happen. At last, a consolidated version of the Treaties incorporating the Lisbon-Reform Treaty amendments has been made available here. And in all official languages too. Here's the link to the...

Privacy and Search Engines like Google: Opinion of Art. 29 Working Party

Posted on April 14, 2008
The Working Party set up pursuant to Article 29 of Directive 95/46/EC on data protection has issued an interesting opinion on the privacy issues raised by search engines like Google or Yahoo. You can find the opinion ("WP 148") here....

Minimum Wages, Collective Agreements and Posted Workers: Case C-346/06

Posted on April 09, 2008
The Court of Justice has handed down an great judgment in Case C-346/06 Dirk Rüffert v. Land Niedersachsen defending the rights of workers posted from a low wage state to work in a high wage state. The Court held that...

Mobile phones to be allowed on planes

Posted on April 07, 2008
The Commission has adopted a decision - not yet published in the Official Journal but available here - allowing the use of mobile phones on board aircraft during flights. So, the relative peace and quiet of air travel comes to...

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