Europe

The Court should declare the European Banking Authority Guidelines on Product Oversight and Governance Arrangements for Retail Banking Products invalid

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Advocate General Bobek: The Court should declare the European Banking Authority Guidelines on Product Oversight and Governance Arrangements for Retail Banking Products invalid. The preliminary reference procedure may be used in order to review the validity of soft law EU acts.

On the basis of the primacy of EU law, a national judge must disapply any national legislation or judicial practice which undermines its power to refer questions to the Court of Justice

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According to Advocate General Pikamäe, on the basis of the primacy of EU law, a national judge must disapply any national legislation or judicial practice which undermines its power to refer questions to the Court of Justice. Hungarian legislation enabling the public prosecutor to bring an action before the Supreme Court (Kúria) for a declaration […]

With regard to the recognition in the European Union of the parentage of a child of a married same-sex couple

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With regard to the recognition in the European Union of the parentage of a child of a married same-sex couple, Advocate General Kokott recommends that a balance be struck between the national identity of the Member States and the right to freedom of movement of the child and of his or her parents. More specifically, […]

A national court can order a subsidiary company to pay compensation for the harm caused by the anticompetitive conduct of its parent company in a case

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According to Advocate General Pitruzzella, a national court can order a subsidiary company to pay compensation for the harm caused by the anticompetitive conduct of its parent company in a case where the Commission has imposed a fine solely on that parent company. For that to be the case, the two companies must have operated […]

Two newly-created chambers of the Polish Supreme Court are liable to fail the requirements established by EU law

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Advocate General Tanchev: two newly-created chambers of the Polish Supreme Court are liable to fail the requirements established by EU law in a situation where the judges concerned were appointed to those positions in flagrant breach of the national laws applicable to judicial appointments to that court. The national court must therefore assess the manifest […]

The Court should revisit its case-law (the CILFIT criteria) on the duty of national courts of last instance to request a preliminary ruling

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Advocate General Bobek: the Court should revisit its case-law (the CILFIT criteria) on the duty of national courts of last instance to request a preliminary ruling. The Court should deem that the existence of this duty depends on three cumulative conditions: (i) a general issue of interpretation of EU law; (ii) to which there is […]

Public-sector workers placed, in certain circumstances, under the labour reserve system: the Greek legislation is not contrary to EU law

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The difference in treatment on grounds of age established by that system pursues a legitimate labour-policy objective and the means of achieving that objective are appropriate and necessary.

The activity of protecting adults lacking legal capacity carried out by a lawyer constitutes, as a rule, an economic activity

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That activity may be exempted from VAT if the supply of services concerned is closely linked to welfare and social security work, and if that lawyer benefits, for the business he or she operates for that purpose, from recognition as a body devoted to social wellbeing.

Internet connection service on board aircraft

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Internet connection service on board aircraft: a mobile satellite system which is principally based, in terms of capacity of transmitted data, on complementary ground components which are installed so as to cover the entire territory of the European Union is not necessarily incompatible with the European legislative framework. The increased use of ground components is […]