European Forum

Keywords: leniency – immunity – summary application – reduction of fine – first applicant – principle of autonomy of leniency programmes.
 

On 20 January 2016, the Court of Justice of the European Union issued a preliminary ruling concerning the interpretation of Art. 101 TFEU, Art. 4, para. 3, TEU and Art. 11...

Abstract: In its decision of 9 September 2015 in case C-4/14, Bohez v. Wiertz, the CJEU dealt with the enforcement in a Member State of a penalty payment (astreinte) imposed, under Regulation (EC) 2201/2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental...

Abstract: This Insight concerns a special category of EU restrictive measures: those freezing funds and economic resources of former members of the political leadership (and/or their families) of countries falling within the European Neighbourhood Policy. These measures are addressed to persons responsible for the misappropriation of state...

Abstract: International press titled: “Schengen, one of the pillars of the EU, is dead”. The European Commission establish a roadmap to “come back to Schengen”. Between national concerns about the arrival of thousands of migrants, and national fear of being left alone in managing the crisis, this Insight aims to provide an analysis of the crisis and...

Abstract: In the judgment of 1 October 2015 on case C-290/14, Celaj, the Court of Justice ruled that Directive 2008/115/EC, known as the Return Directive, in principle does not preclude legislation of a Member State which provides for the imposition of a prison sentence to migrants illegally staying as a result of their illegal re-entry...

Abstract: The judgment in case C-73/14, Council v. Commission, forms part of the saga of inter-institutional disputes arising after the entry into force of the Treaty of Lisbon in the context of EU external representation. The Court in this case, in line with Advocate General Sharpston, excludes the applicability of Art. 218, para. 9, TFEU...

Abstract: On 18 and 19 February 2016, the Heads of State or Government of the 28 Member States of the European Union met within the European Council in Brussels and agreed on a New Settlement of the United Kingdom within the EU. This Insight only focuses on social benefits and freedom of movement. It provides an account of the modifications...

Abstract: In the context of a determined commitment with the EU consumer protection law, on last 9 December 2015, the Commission has issued a proposal on certain aspects concerning contracts for the online and other distance sales of goods and a proposal on certain aspects concerning contracts for the supply of digital content. Both instruments are...

Abstract: The Insight focuses on the Political and Security Committee Decision (CFSP) 2016/118 of 20 January 2016 concerning the implementation by EUNAVFOR MED operation SOPHIA of United Nations Security Council resolution 2240 (2015). It first provides the general context starting from Operation Sophia’s founding instrument, Council Decision (CFSP...

Abstract: In the aftermath of the ISIS terrorist attacks in Paris on 13 November 2015, France invoked for the first time the mutual assistance clause provided by Art. 42, para. 7, TEU, seeking for aid and assistance from other Member States in accordance with Art. 51 of the UN Charter. The attacks were qualified as an armed aggression on French...