Forum Européen

Abstract: The author comments on a recent judgment by the Court of Justice of the European Union in Gtflix TV v DR (C-251/20 ECLI:EU:C:2021:1036), concerning jurisdiction on an action by a legal person seeking at the same time rectification and removal of disparaging statements published by a competitor on the Internet, and compensation for...

Abstract: Setting the general procedure to be followed for the conclusion of international agreements, art. 218 TFEU allocates the powers of the different institutions involved and – compared to the pre-Lisbon legal framework – strengthens the role of the European Parliament. It is therefore with respect to this provision that the status and...

Abstract: With the judgment of 24 February 2022 in case C-364/20 P Bernis and Others v SRB ECLI:EU:C:2022:115, the European Court of Justice has dismissed the appeal lodged by Ernests Bernis, Oļegs Fiļs, OF Holding SIA and Cassandra Holding Company SIA (shareholders of ABLV Bank) against the order of the General Court rendered on 14 May...

Abstract: In Thelen Technopark (ECLI:EU:C:2022:33), the Court of Justice held that art. 15 of the Services Directive cannot be invoked against a conflicting national law in a horizontal dispute, even though the Court had already definitively established the incompatibility of this national law with the Services Directive in an earlier...

Abstract: This Insight aims to illustrate common elements between the Lithuanian and European Union reaction following the “instrumentalisation of migrants” by Belarus. The most critical aspects with respect to national reforms and the Proposal presented by the Commission in December 2021 – ex art. 78(3) TFEU – shed light on specific issues...

Abstract: The recent rule of law crisis is partly due to the inertia of the European institutions regarding the implementation of the mechanism within art. 7 TEU. This is despite the variety of actions that could be taken by the EU regarding maintaining high levels of respect for the rule of law within the EU. Hence it seems that the rule of law...

Abstract: A significant judgment of the Grand Chamber of the CJEU was handed down in case C-561/19 Consorzio Italian Management e Catania Multiservizi and Catania Multiservizi ECLI:EU:C:2021:799 (CIM) in October 2021 on the scope of discretion of national courts of last resort when deciding to make a preliminary reference under art...

Abstract: So far, climate change litigation in the European Union has been a disappointment, since the European Court of Justice denied the admissibility of two promising cases in 2021: Sabo ECLI:EU:C:2021:24 and Carvalho ECLI:EU:T:2019:252. Nonetheless, the European human rights litigation can still play a significant role in...

Abstract: The adoption of the EU carbon border adjustment mechanism raises several questions of compatibility with World Trade Organization (WTO) rules. Although the European Commission is presenting this measure as a “purely environmental” measure, it is, in reality, a trade defense measure that aims to protect the competitiveness of European...

Abstract: To properly understand the various factors that have been conducive to diplomatic tensions between Spain and Morocco, following the mass arrival of migrants crossing the border of the Ceuta enclave in May 2021, we need to move the debate beyond the recurrent reference to “blackmail”. The instrumentalization of migration for political and...