Abstract: In December 2020, the Grand Chamber of the CJUE has confirmed that Hungary has failed to fulfil its obligations under EU law in the area of procedures for granting international protection and returning illegally staying third-country nationals. The judgment in the case Commission v Hungary (case C-808/18 ECLI:EU:C:2020:1029) is...
- NewsEuropean Papers, 29.03.2021 | Posted in
Abstract: In Bank Refah Kargaran (case C-134/19 P Bank Refah Kargaran v Council ECLI:EU:C:2020:793), the Court of Justice decided that it has jurisdiction to award damages for non-contractual liability incurred by the EU for harm caused by certain restrictive measures in Common foreign and security policy (CFSP) decisions. In so...
The Digital Markets Act Proposal of the European Commission: Ex-ante Regulation, Infused with Competition PrinciplesInsight
Abstract: This Insight on the legislative proposal for a Digital Markets Act (DMA), issued on 15 December 2020 by the European Commission, discusses the importance of clearly delineating the objectives under which enforcement of the said act will take place. This is necessitated because of the closeness, if not overlap with the domain of EU...European Papers, 29.03.2021 | Posted in
La prima decisione sul Regolamento Roma III e la legge italiana sul divorzio: le difficoltà del giudice straniero il cui ordinamento non conosca l’istituto della separazione legaleInsight
Abstract: EU Member States have different understanding as to divorce and separation proceedings. While some States only have divorce and do not know separation proceedings, others will consider both proceedings as alternative remedies in matrimonial claims. Italy is the only MS where a legal separation proceeding is a necessary precondition to file...European Papers, 29.03.2021 | Posted in
The E.E. Decision Sheds Light on Notaries Acting as 'Courts' and on a Few Other Notions Within the Context of the Succession RegulationInsight
Abstract: The preliminary questions of the Supreme Court of Lithuania in case E.E. (C-80/19) presented a unique opportunity to provide a more detailed and comprehensive interpretation of several provisions of the Succession Regulation. Responding to them, in its judgment of 16 July 2020 the CJEU discussed the understanding of the cross-...
InsightsEuropean Papers, 27.03.2021 | Posted in