Abstract: Antritrust and Coopservice (judgment of 19 December 2018, case C-216/17) is a peculiar product of the Court of Justice. It is one of a kind in aggregate procurement, a subfield of public procurement that has remained virtually untouched by the Court. A number of very helpful and reasonable directions can be drawn from this judgment with respect to...
Abstract: This Insight describes the content of the Proposal for a Directive on the protection of persons reporting on breaches of Union law, approved with amendments by the European Parliament and formally adopted by the Council on 7th October 2019. The Directive, which will now be formally signed and published in the...
Abstract: In his opinion delivered on 30 April 2019 in case C-390/18, Airbnb Ireland, the AG Szpunar stated that Airbnb provides an information society service. He also proposed a revision of the “Uber test” established in the previous case-law of the CJEU. In this Insight, the opinion is summarized and critically commented,...
Keywords: working time – rest breaks – health and safety – Charter – record-keeping – control.
Do employers need to keep a record of workers’ actual hours worked? The Court of Justice had the opportunity to provide an answer in Confederación Sindical de Comisiones Obreras (CCOO) v. Deutsche Bank SAE....
Abstract: EEG 2012 (judgment of 28 March 2019, case C-405/16 P, Germany v. Commission) deals with the assessment under EU State aid rules of a German renewable energy support mechanism in force from 2012 to 2014. The case hinged on the proper interpretation and application of the criterion of State resources. The Court of Justice...
Abstract: SM (Court of Justice, judgment of 26 March 2019, case C-129/18 [GC]) revolved around the possibility of embracing a child in guardianship under the Algerian kafala system within the EU law notion of “family member”. In the ruling, the Court opened the door to a “variable geometry” notion of family. To this extended notion...
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...
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-...
