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Religious Slaughtering and Organic Labels: Œuvre d’assistance aux bêtes d’abattoirs

Insight

Abstract: In Œuvre d’assistance aux bêtes d’abattoirs (judgment of 26 February 2019, case C-497/17 [GC]) the Court of Justice held that the EU organic label cannot be placed on meat products if the animal has been slaughtered in accordance with religious rites, when the animal was not stunned before killing. According to the Court, this is...

The Tjebbes Fail

Insight

Abstract: This Insight briefly analyses ten most significant untenable assumptions underlying the Court of Justice’s ruling in Tjebbes (judgment of 12 March 2019, case C-221/17 [GC]), where the Court departed from earlier case-law by essentially tolerating the annulment of EU citizenship ex lege as a result of a non-...

Bold, but Without Justification? Tjebbes

Insight

Abstract: Tjebbes (Court of Justice, judgment of 12 March 2019, case C-221/17 [GC]) builds on and extends the scope of a line of existing cases that has started to redefine the relationship between EU citizenship and Member State nationality. This Insight inquires on which legal grounds the Court of Justice could justify its bold...

Jurisdiction in Matters of Parental Responsibility Between Legal Certainty and Children’s Fundamental Rights

Insight

Abstract: The impact of the protection of fundamental rights is a factor of increasing importance for the interpretation of EU private international law. In matters of parental responsibility, the application of the rules on jurisdictional competence contained in the Regulation (EC) 2201/2003 can have a significant bearing on the rights of the child...

Cordella et al. v. Italy: Industrial Emissions and Italian Omissions Under Scrutiny

Insight

Abstract: This Insight focuses on the judgment of the European Court of Human Rights of 24 January 2019, Cordella et al. v. Italy (joint applications n. 54414/13 and n. 54264/15), marking an important step in the judicial saga of the Ilva steel plant in Taranto. The Court unanimously established Italy’s responsibility in failing to...

The Aletho Judgement: UNRWA Protection as Grounds for Exclusion from Refugee Status and Inadmissibility of an Application for International Protection

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Keywords: UNRWA – asylum – inadmissibility of application – exclusion – first country of asylum – ex nunc examination.
 

Directive 2011/95[1] establishes in Art. 12 exclusion cases from refugee status, which include cases where the applicant is under the “...

La verità, vi prego, sul criterio del creditore privato: Commissione c. FIH Holding e FIH Erhvervsbank

Insight

Abstract: In Commission v. FIH Holding and FIH Erhvervsbank (judgement of 6 March 2018, case C-579/16 P), the Court of Justice dealt with the case of a bank, beneficiary of an aid scheme, that had already been granted a number of benefits, which were approved by the European Commission as aid schemes compatible with the internal market. The...

Asylum and Return: The Gnandi Case, or a Clarification of the Right to an Effective Remedy

Insight

Abstract: In Gnandi (Court of Justice, Judgment of 19 June 2018, case C-181/16 [GC]), the Court of Justice has clarified under which conditions a negative asylum decision may be combined with a return decision and which effects the combination of the two has in the light of the right to an effective remedy.

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Consequences of Brexit for European Private International Law

Insight

Abstract: International jurisdiction, recognition and enforcement of judgments in Europe will be considerably affected by Brexit. The Brussels I regime threatens to fall back from the Recast Regulation to the outdated 1968 Convention, which the Withdrawal Agreement intends to prevent. An alternative might be the UK’s accession to the 2007 Lugano...

The Empire Strikes Back: The Council Decision Amending Protocols 1 and 4 to the EU-Morocco Association Agreement

Insight

Abstract: This Insight focuses on the newly adopted Council Decision amending Protocols 1 and 4 to the EU-Morocco Association Agreement which extends the territorial scope of the Association Agreement to expressly include Western Sahara. The purpose of this Insight is to assess the compatibility of the Council Decision with...

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