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Tasse ambientali sugli autoveicoli e divieto di imposizioni interne discriminatorie nella sentenza Budisan


Abstract: In its judgment of 9 June 2016, the ECJ ruled on the consistency with Art. 110 TFEU of environmental stamp duties, the Romanian tax on pollutant emissions, with reference to fiscal neutrality as between second-hand motor vehicles imported from other Member States and similar motor vehicles available on the domestic market. The Court...

Theory and Practice of Emissions Trading in the European Union: Some Reflections on Allowance Allocation in Light of the DK Recycling Case


Abstract: In its judgment of 22 June 2016, DK Recycling und Roheisen GmbH v. Commission, the Court of Justice ruled on an appeal brought by a German undertaking operating installations subject to the European Union Emissions Trading System (EU ETS), i.e. a “carbon market” where operators trade greenhouse gas emission allowances. At issue in...

EU-Turkey Deal: Violation of, or Consistency with, International Law?


Abstract: This article examines whether the European Union-Turkey deal violates or adheres to international law. In particular, the article examines Turkey as a “safe third country” and seeing whether Turkey complies with the principle of non-refoulement. The article argues that the EU-Turkey deal violates international law in a number of...

The EU Solution to Deal with the Dutch Referendum Result on the EU-Ukraine Association Agreement


Keywords: EU-Ukraine cooperation – association agreement – Dutch referendum – European Council – mixed agreements – international agreements.

On 6 April 2016 the Dutch population was asked to be voor (in favour) or tegen (against) the act to approve the Association Agreement between the...

Has the Commission Taken Too Big a Bite of the Apple?


Abstract: On 30 August 2016, the European Commission concluded that Ireland granted undue tax benefits of up to Euro 13 billion to Apple and ordered the recovery of the – allegedly – illegal State Aid. This Insight criticises the Commission’s approach in the Apple case as well as in other recent State aid cases. The Commission’s approach is...

H v. Council: Strengthening the Rule of Law in the Sphere of the CFSP, One Step at a Time


Abstract: In its judgment in the case of H v. Council et al., the Grand Chamber of the ECJ recognised the jurisdiction of the CJEU to assess the validity under EU law of a decision by the Chief of Personnel of the European Union Police Mission in Bosnia-Herzegovina (EUPM) to redeploy an Italian magistrate, seconded to the EUPM in Sarajevo,...

Changement volontaire du nom, titres nobiliaires et ordre public: l’arrêt Bogendorff von Wolffersdorff


Abstract: In a recent ruling (judgment of 2 June 2016, case C-438/14, Bogendorff von Wolffersdorff) concerning the recognition in a Member State of the name and surname of a dual national, freely chosen in another Member State and containing a number of tokens of nobility, the Court of Justice focused on the proportionality of the...

Copyright Protection in the Digital Era: Hyperlinking and the Right of Communication to the Public. The GS Media Case


Abstract: How to reconcile the free flow of information on the internet and copyright protection? That is the fundamental issue underlying the preliminary questions referred to the CJEU in the GS Media case. After Svensson and BestWater, this case again offered an opportunity for the Court to clarify how hyperlinks to...

L’accordo per il Tribunale unificato dei brevetti: quali prospettive dopo la ratifica italiana e la Brexit?


Abstract: The entry into force of the Agreement on the Unified Patent Court looks nowadays even more uncertain than it did before. The Brexit has seriously impacted on the cautious optimisms believing in its possible entry into force by Spring 2017. While the ratification process keeps moving onwards – reaching in November 2016 the thirteenth...

Of Surcharges and Supervision: German Renewable Energy Act Is State Aid


Abstract: Germany's former law on renewable energy constitutes State aid illegal under EU law. The General Court dismissed Germany’s action for annulment of a Commission Decision, finding that a renewable energy surcharge payable by electricity consumers for the benefit of those electricity producers using renewable sources effectively equalled the...