Monitoring References to the Court of Justice of the European Union
Tag
40 case reports
By judgment of 29 May 2018 (ECLI:EU:C:2018:335) the Court ruled, in the words of the operative part: “Examination of the question has not disclosed any issues capable of affecting the validity of Article 4(4) of Council Regulation (EC) No 1099/2009 of 24…
By judgment of 26 June 2018 (ECLI:EU:C:2018:492) the Court ruled, in the words of the operative part: “Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of…
By judgment of 19 July 2017 (ECLI:EU:C:2017:566) the Court held that Italy's on-call contracts available to workers under 25 and terminating automatically at that age are not precluded by the prohibition of age discrimination: the flexibility served a…
By judgment of 26 July 2017 (ECLI:EU:C:2017:597) the Court ruled, in the words of the operative part: “1.
By judgment of 18 May 2017 (ECLI:EU:C:2017:391) the Court held that refusing to issue an RPVA secure-network dongle to a lawyer registered at a bar in another Member State restricts the freedom to provide services, and is justified only where denying…
By judgment of 21 December 2016 (ECLI:EU:C:2016:976) the Court held that in an action for breach of an online-resale prohibition in a selective distribution network, the "place where the damage occurred" under Article 5(3) of Brussels I is the Member State…
Can a policy maker ever resist the application of EU law? Yes, perhaps, if there is a ‘purely internal situation’. It is EU law that in such a situation, EU law will not apply. Dutch authorities are adept at exploiting this ‘loophole’. A couple of years ago, Amsterdam’s council invoked it when…
By judgment of 18 July 2017 (ECLI:EU:C:2017:562) the Court ruled, in the words of the operative part: “Article 45 TFEU must be interpreted as not precluding legislation of a Member State, such as that at issue in the main proceedings, under which the…
By judgment of 26 July 2017 (ECLI:EU:C:2017:593) the Court ruled, in the words of the operative part: “1.
By order of 27 October 2016 (ECLI:EU:C:2016:830) the Court declared the Brussels commercial court's reference manifestly inadmissible for failure to set out the factual and legal context required by Article 94 of the Rules of Procedure.
By judgment of 15 March 2017 (ECLI:EU:C:2017:214) the Court ruled, in the words of the operative part: “1.
By order of 8 September 2016 (ECLI:EU:C:2016:672) the Court declared the reference from the Regional Administrative Court for Lazio manifestly inadmissible for failure to set out the factual and legal context with the precision Article 94 of the Rules of…
By judgment of 16 November 2016 (ECLI:EU:C:2016:879) the Court ruled, in the words of the operative part: “Article 13(2) of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market must be…
By judgment of 19 October 2016 (ECLI:EU:C:2016:776) the Court held that Germany's system of fixed prices for prescription-only medicines, as applied to mail-order pharmacies established in other Member States, is a measure having equivalent effect contrary…
By judgment of 14 March 2017 (ECLI:EU:C:2017:204) the Court held that an employer's willingness to accommodate a customer's wish no longer to have services provided by a worker wearing an Islamic headscarf is not a "genuine and determining occupational…
By judgment of 22 September 2016 (ECLI:EU:C:2016:717) the Court ruled, in the words of the operative part: “EU law, in particular Article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of…
By Grand Chamber judgment of 28 March 2017 (ECLI:EU:C:2017:236) the Court confirmed its jurisdiction to review the validity of CFSP restrictive measures by preliminary ruling — a constitutional first — and found nothing affecting the validity of the…
On 4 May 2016 the Court upheld the Second Tobacco Products Directive in full (ECLI:EU:C:2016:325): the menthol ban, the labelling and standardisation rules, the leeway for further national packaging measures and the specific e-cigarette regime of Article…
By judgment of 2 June 2016 (ECLI:EU:C:2016:399) the Court ruled, in the words of the operative part: “1.
By judgment of 1 October 2015 in the joined Trijber and Harmsen cases (ECLI:EU:C:2015:641) the Court held that Amsterdam canal-boat tours fall within the Services Directive, and that authorisations issued in limited numbers because of scarce resources may…
Amsterdam has a red light district. Aspects of the neighbourhood are regulated by the local authority. So can the local authority refuse to licence a Dutch company that rents apartments to Bulgarian and Hungarian sex workers, on the basis that the people running the company do not speak the…
On 18 December 2014 the Court ruled (ECLI:EU:C:2014:2463) that EU law contains no general principle prohibiting discrimination on grounds of obesity as such — but that severe obesity can constitute a "disability" under Directive 2000/78 where it entails a…
By judgment of 11 June 2015 (ECLI:EU:C:2015:378) the Court ruled, in the words of the operative part: “Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic…
By judgment of 18 December 2014 (ECLI:EU:C:2014:2466) the Court ruled, in the words of the operative part: “1.
On 14 January 2015 the Court ruled (ECLI:EU:C:2015:9) that London's policy of admitting black cabs but not private-hire vehicles to bus lanes does not appear to involve a commitment of state resources or confer a selective advantage of the kind caught by…
Electronic auctions can be used to award contracts in the water, energy, transport and postal sectors of the economy. These auctions are governed by an EU Directive that stipulates contracting entities must simultaneously communicate information to all tenderers so that the tenderers can ascertain…
By judgment of 12 February 2015 (ECLI:EU:C:2015:86) the Court ruled, in the words of the operative part: “1.
On 3 September 2014 the Grand Chamber ruled (ECLI:EU:C:2014:2132) that parody is an autonomous concept of EU law with only two essential characteristics: it evokes an existing work while being noticeably different from it, and it constitutes an expression…
By judgment of 4 July 2013 (ECLI:EU:C:2013:449) the Court ruled, in the words of the operative part: “Articles 45 TFEU and 48 TFEU must be interpreted as not precluding rules of a Member State which do not allow its nationals employed in an international…
By judgment of 19 June 2014 (ECLI:EU:C:2014:2005) the Court ruled, in the words of the operative part: “1.
By judgment of 11 September 2014 (ECLI:EU:C:2014:2192) the Court ruled, in the words of the operative part: “1.
By judgment of 6 February 2014 (ECLI:EU:C:2014:54) the Court ruled, in the words of the operative part: “Articles 52 and 56 TFEU must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, which imposes a…
Are the Dutch rules that require people to be fingerprinted if they want a Dutch passport compatible with EU law? Facts In 2010, Ms Roest applied for a passport but refused to be fingerprinted because of the unforeseen consequences of supplying this biometric data. That is to say, it was not clear…
The reference was decided in the joined Willems judgment of 16 April 2015 (ECLI:EU:C:2015:238): Regulation 2252/2004 does not apply to identity cards at all, whatever their travel validity — so the fingerprint requirement for Dutch ID cards was a purely…
By judgment of 16 April 2015 in the joined Willems cases (ECLI:EU:C:2015:238) the Court held that Regulation 2252/2004 obliges the taking of fingerprints for passports (as upheld in Schwarz) but does not govern any subsequent use or storage of that…
French farmers have been nipping over the Spanish border to go shopping for their veterinary medicinal products. This is not allowed under French law, only French-authorised wholesalers can import veterinary drugs. The French farmers wonder if the internal market exists. Continue reading →
By order of 13 June 2013 (ECLI:EU:C:2013:398) the Court ruled, in the words of the operative part: “The relevant European Union law, in particular, Article 7(1) of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003…
On 17 October 2013 the Court upheld the validity of Regulation 2252/2004 (ECLI:EU:C:2013:670): taking and storing fingerprints in passports interferes with Articles 7 and 8 of the Charter, but the interference is justified by the aim of preventing…
By judgment of 12 December 2013 (ECLI:EU:C:2013:823) the Court ruled, in the words of the operative part: “Article 2(2)(a) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation…
By order of 7 March 2013 (ECLI:EU:C:2013:149) the Court declared it had no jurisdiction: Portugal's austerity salary cuts did not implement EU law within Article 51 of the Charter, so the Charter-based challenge to the budget law could not be examined in…