e-Journal
- 61 reads
European Forum
Freedom of the Press as a Public Policy Reason Restricting the Principle of Mutual Trust: Lessons from the Real Madrid Preliminary Ruling
Insight
- 517 reads
Abstract: In the Real Madrid case, the Court prioritized under the public policy proviso of the Brussels I Regulation the protection of freedom of the press over the mutual recognition of judgments in civil and commercial matters. The preliminary ruling explains the circumstances in which recourse to public policy is possible to decline the...
Algorithmic Collusion: Corporate Accountability and the Application of Art. 101 TFEU
Insight
- 1249 reads
Abstract: The increasing reliance on artificial intelligence (AI) to set market prices, especially in digital markets, has led to the threat of algorithmic collusion, where pricing algorithms align market behavior among competitors without explicit human agreement. This Insight examines the implications of such practices, highlighting the...
Cambiamento climatico e Corte europea dei diritti umani
Insight
- 149 reads
Abstract: This Insight deals with the recent judgment delivered by the Grand Chamber of the European Court of Human Rights in the case KlimaSeniorinnen v Switzerland. The first part of the Insight focuses on the ECtHR’s competence in the context of climate-change litigation. The second part analyses the issues of victim...
GDPR Meets Unfair Competition Law: The Lindenapotheke Ruling and Its Implications for Data Subjects and Controllers
Insight
- 740 reads
Abstract: On 4 October 2024, the Grand Chamber of the European Court of Justice (ECJ) issued a landmark judgment that adds significant depth to the interpretation of the GDPR, especially concerning its interplay with unfair competition law and the concept of “special categories of personal data”. After analysing the facts of the case and the ECJ’s...
Un(packing) Sanctions Data: What Can Sanctions Numbers Teach Us
Insight
- 4935 reads
Abstract: There is an ongoing academic discussion on the concept of smart and targeted sanctions, suggesting that these measures should be tailored, allow for humanitarian exemptions, and include an accessible de-listing procedure for designated subjects, among other criteria. However, a question arises as to whether the concept of smart sanctions...
The “255 Committee” and the Procedure for Appointing EU Judges. The (Perhaps Unintended) Implications of the Valancius Judgment
Highlight
- 762 reads
Keywords: EU judges' appointment procedure – “255 Committee” – judicial independence – art. 19 TEU – art. 254 TFEU – judicial review.
In its judgment of 29 July 2024, delivered in the Valančius case,[1] the Court of Justice ruled, for the first time, on the limits that...
European Forum (European Papers, Vol. 9, 2024, No 2)
On Mutual Recognition and the Possibilities of a “Single European Polity”: The Opinion of AG Collins in Case C-181/23 Commission v Malta
Insight
- 444 reads
Abstract: The Advocate General’s Opinion in Commission in Commission v Malta is a useful opinion. Not because it is correct but because it highlights the central issue at stake in the case: the question of mutual recognition and its implications. The automatic mutual recognition of Member State nationality found in Micheletti has...
How the Court Tries to Deliver Justice in Common Foreign and Security Policy, Where the Need for Judicial Protection Clashes with the Principles of Conferral and Institutional Balance. Joined Cases C-29/22 P and C-44/22 P KS and KD
Insight
- 945 reads
Abstract: KS and KD is a judgment where the European Court of Justice finds it has jurisdiction to hear actions for damages caused by the European Union’s (EU) civilian missions or military operations. It is the first time that this has happened. Although not entirely surprising, the finding of jurisdiction contributes to a growing line of...
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