Monitoring References to the Court of Justice of the European Union
Tag
10 case reports
On 27 February 2018 the Grand Chamber ruled (ECLI:EU:C:2018:117) that Article 19(1) TEU obliges Member States to ensure that courts which may apply EU law meet the requirements of effective judicial protection, including independence — though Portugal's…
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…
By judgment of 22 June 2017 (ECLI:EU:C:2017:489) the Court held that the Dutch pre-pack — insolvency prepared in advance to relaunch the business immediately after bankruptcy — does not fall within the Article 5(1) insolvency exception of the Transfers…
By judgment of 28 July 2016 (ECLI:EU:C:2016:608) the Court ruled, in the words of the operative part: “Article 3 of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic…
By judgment of 8 November 2016 (ECLI:EU:C:2016:836) the Court ruled, in the words of the operative part: “Article 8(1) and Articles 25 and 29 of the Second Council Directive 77/91/EEC of 13 December 1976 on coordination of safeguards which, for the…
One quirk of Spanish labour law is that where a state body abusively employs someone on a temporary contract without fully complying with the law, Spanish case law will deem that person to be working on the basis of ‘a non-permanent contract of indefinite duration’. The problem is that some…
By judgment of 16 June 2015 (ECLI:EU:C:2015:400) the Court held that the ECB's OMT programme falls within the central bank's monetary-policy mandate: with its conditionality, selectivity and safeguards against circumventing the prohibition of monetary…
For more than a decade, Italy has employed hundreds of thousands of teachers and admin staff on endlessly-renewed ‘school-year’ contracts. Is this employer not simply abusing its use of fixed-term contracts contrary to Directive 1999/70/EC? Or is Italy correct that its policy is objectively…
On 27 November 2012 the full Court upheld the European Stability Mechanism (ECLI:EU:C:2012:756): the simplified revision of Article 136 TFEU was valid, and the no-bailout clause of Article 125 TFEU does not prohibit a stability mechanism whose assistance…
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…