Case C-470/16, North East Pylon Pressure Campaign – piling on the environmental information pressure [judgment 2018, ECLI:EU:C:2018:185]
By judgment of 15 March 2018 (ECLI:EU:C:2018:185) the Court ruled, in the words of the operative part: “1.
Tag
effectiveness
19 case reports
Case C-358/16, UBS – stopping a lawyer accessing innocence-establishing documents [judgment 2018, ECLI:EU:C:2018:715]
By judgment of 13 September 2018 (ECLI:EU:C:2018:715) the Court ruled, in the words of the operative part: “Article 54 of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending…
Case C-194/16, Bolagsupplysningen – objecting to Swedish internet trolls [judgment 2017, ECLI:EU:C:2017:766]
By Grand Chamber judgment of 17 October 2017 (ECLI:EU:C:2017:766) the Court held that a legal person claiming injury from online publications may sue for its entire damage where it has its centre of interests, and that claims for rectification and removal…
Case C-248/16, Austria Asphalt – merger tarmacgeddon [judgment 2017, ECLI:EU:C:2017:643]
By judgment of 7 September 2017 (ECLI:EU:C:2017:643) the Court ruled, in the words of the operative part: “Article 3 of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation)…
Case C-112/16, Persidera – access to Italian broadcasting frequencies [judgment 2017, ECLI:EU:C:2017:597]
By judgment of 26 July 2017 (ECLI:EU:C:2017:597) the Court ruled, in the words of the operative part: “1.
Case C-210/16, Wirtschaftsakademie Schleswig-Holstein – Facebook Fan Page visitor data [judgment 2018, ECLI:EU:C:2018:388]
On 5 June 2018 the Grand Chamber ruled (ECLI:EU:C:2018:388) that the administrator of a Facebook fan page is a joint controller, together with Facebook, of the processing of visitors' data through the Insights statistics — and that the German supervisory…
Case C-73/16, Puškár – privacy requires removal from a tax office blacklist [judgment 2017, ECLI:EU:C:2017:725]
By judgment of 27 September 2017 (ECLI:EU:C:2017:725) the Court held that requiring exhaustion of administrative remedies before a data-protection claim reaches a court is compatible with Article 47 of the Charter if it causes no substantial delay or…
Case C-671/15, APVE – How to grow a price-fixing cartel and weed out EU cartel law [judgment 2017, ECLI:EU:C:2017:860]
By judgment of 14 November 2017 (ECLI:EU:C:2017:860) the Grand Chamber held that practices of producer organisations and their associations escape Article 101 TFEU only where they remain strictly within the tasks the common market organisation assigns to…
Case C-327/15, TDC – SOS! An illegal cross-financing mechanism [judgment 2016, ECLI:EU:C:2016:974]
By judgment of 21 December 2016 (ECLI:EU:C:2016:974) the Court ruled, in the words of the operative part: “1.
Case C-78/16, Pesce – against an overly fastidious state combating xylella fastidiosa [judgment 2016, ECLI:EU:C:2016:428]
By judgment of 9 June 2016 in the joined Pesce cases (ECLI:EU:C:2016:428) the Court upheld the Commission's Xylella fastidiosa decision: the obligation to remove host plants, including asymptomatic ones, within 100 metres of infected plants is a…
Case C-163/16, Louboutin – shoe soles, signs solely comprising a shape, and judicial cobblers [judgment 2018, ECLI:EU:C:2018:423]
On 12 June 2018 the Court ruled (ECLI:EU:C:2018:423) that a mark consisting of a colour applied to the sole of a shoe is not a sign consisting "exclusively of the shape" within Article 3(1)(e)(iii) of the Trade Marks Directive — the red sole is principally…
Case C-169/15, Montis Design – EU copyright and Benelux design formalities, a game of musical chairs? [judgment 2016, ECLI:EU:C:2016:790]
By judgment of 20 October 2016 (ECLI:EU:C:2016:790) the Court held that the terms of protection in the Term Directive do not apply to copyright that had been extinguished before 1 July 1995, and that EU law does not preclude national legislation under…
Case C-682/15, Berlioz Investment Fund – tax information exchanges not fishing expeditions [judgment 2017, ECLI:EU:C:2017:373]
By Grand Chamber judgment of 16 May 2017 (ECLI:EU:C:2017:373) the Court held that a company fined for refusing to answer a cross-border tax-information order may invoke Article 47 of the Charter: the national court must be able to review whether the…
Case C-379/15, Association France Nature Environnement – incompatible national law cannot be temporarily maintained [judgment 2016, ECLI:EU:C:2016:603]
By judgment of 28 July 2016 (ECLI:EU:C:2016:603) the Court ruled, in the words of the operative part: “1.
Case C-663/15, Umweltverband WWF – pander to panda access to environmental justice
Can the Austrian branch of the World Wildlife Fund invoke the Aarhus Convention and the EU’s water framework Directive to make legal objections to a local authority which is deciding whether to grant a water licence to a company wanting to build a hydroelectric power station? And what is to be done…
Case C-560/15, Europa Way – denied free access to Italy’s broadcasting frequencies [judgment 2017, ECLI:EU:C:2017:593]
By judgment of 26 July 2017 (ECLI:EU:C:2017:593) the Court ruled, in the words of the operative part: “1.
Case C-216/15, Betriebsrat der Ruhrlandklinik – stopping the sisters of merciless competition [judgment 2016, ECLI:EU:C:2016:883]
By judgment of 17 November 2016 (ECLI:EU:C:2016:883) the Court ruled, in the words of the operative part: “Article 1(1) and (2) of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work must be…
Case C-192/15, Rease – secretly spied on, medical data leaked, and left unprotected by the Dutch regulator
Can the Dutch Data Protection Agency exert any control over companies based in the UK and the USA which conduct covert surveillance on Dutch territory? And in the event of an individual’s data processing law rights under Dutch law being … Continue reading → Continue reading →
Case C-72/15, Rosneft – challenging the EU’s sectoral sanctions against Russia [judgment 2017, ECLI:EU:C:2017:236]
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…