Abstract: In a recent ruling (judgment of 2 June 2016, case C-438/14, Bogendorff von Wolffersdorff) concerning the recognition in a Member State of the name and surname of a dual national, freely chosen in another Member State and containing a number of tokens of nobility, the Court of Justice focused on the proportionality of the...
Copyright Protection in the Digital Era: Hyperlinking and the Right of Communication to the Public. The GS Media CaseInsight
Abstract: How to reconcile the free flow of information on the internet and copyright protection? That is the fundamental issue underlying the preliminary questions referred to the CJEU in the GS Media case. After Svensson and BestWater, this case again offered an opportunity for the Court to clarify how hyperlinks to...European Papers, 29.11.2016 | Posté sur
L’accordo per il Tribunale unificato dei brevetti: quali prospettive dopo la ratifica italiana e la Brexit?Insight
Abstract: The entry into force of the Agreement on the Unified Patent Court looks nowadays even more uncertain than it did before. The Brexit has seriously impacted on the cautious optimisms believing in its possible entry into force by Spring 2017. While the ratification process keeps moving onwards – reaching in November 2016 the thirteenth...
Abstract: Germany's former law on renewable energy constitutes State aid illegal under EU law. The General Court dismissed Germany’s action for annulment of a Commission Decision, finding that a renewable energy surcharge payable by electricity consumers for the benefit of those electricity producers using renewable sources effectively equalled the...European Papers, 22.11.2016 | Posté sur
Representing the People vs Channelling Them: Constitutional Niceties in an Age of Instant Democratic GratificationHighlight
Keywords: Brexit – UK constitutional law – Article 50 TEU – prerogative – separation of powers – treaty-making.
On 3 November 2016 the High Court decided in the case R (Miller) v. Secretary of State for Exiting the European Union that the Prime Minister...European Papers, 14.11.2016 | Posté sur
Restricciones a la libre circulación de capitals mediante beneficios fiscales en materia de sucesionesHighlight
Keywords: taxation – free movement of capital – inheritance – residence – objectively comparable situation – public interest.
El asunto Comisión contra Grecia ha venido a aumentar el número de pronunciamientos del TJUE en lo referido a las regulaciones...European Papers, 11.11.2016 | Posté sur
Abstract: This paper aims at contributing to the interpretation of some issues raised by the Directive (EU) 2016/943 of the European Parliament and of the Council of 18 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure approving, with significant...European Papers, 07.11.2016 | Posté sur
The Company You Keep: The Court of Justice Confirms Sanctions Against Persons Associated with Zimbabwe RegimeHighlight
Keywords: restrictive measures – CFSP – Art. 29 TEU – listing criteria – persons associated with the regime – Zimbabwe.
On 28 July 2016, the European Court of Justice confirmed the legality of restrictive measures taken by the European Union against the former Attorney General of Zimbabwe and further 120...European Papers, 04.11.2016 | Posté sur