Abstract: In Bank Refah (judgment of 6 October 2020, case C-134/19 P) the Court of Justice provides important clarifications on the type of judicial remedies available in relation to CFSP decisions establishing restrictive measures. As in Rosneft, the Court seems to extend its jurisdiction beyond the so-called “claw-back” provision...
Abstract: In the Bank Refah Kargaran judgment (case C-134/19 P, judgment of 6 October 2020) the Court of Justice adds the action for damages against CFSP decisions to the list of legal remedies available to individuals targeted by EU restrictive measures. After a brief overview of the case, this Insight examines the reasoning of...
Abstract: This Insight discusses the Court of Justice’s judgment of 14 May 2020 in the joined cases C-924/19 and C-925/19, which concerned two couples of asylum seekers detained in the Röszke transit zone, at the Hungarian-Serbian border. The analysis focuses on the approach followed by the Court, that has addressed several issues under EU...
Abstract: The EU customs management system is based on uniform legislation that is implemented on a decentralised basis by the Member States. In theory, the Customs Union should operate as if it were one single administration. In practice, the non-harmonised and uncoordinated application of the common customs legislation disrupts the proper...
Abstract: The purpose of this Insight is to illustrate how State aid law will work in this troubled time. First, it focuses on Art. 107, para. 3, let. b) and c), TFEU and the Temporary Framework adopted by the European Commission to support the economy in the context of the COVID-19 outbreak. Furthermore, it clarifies the role that Art. 107...
Abstract: The EU has fast reacted in adopting a so-called Next Generation EU Recovery Plan (NGEU) and a 2021-2027 Multiannual Financial Framework (MFF) with the aim of overcoming the consequences of the disruptive COVID-19 pandemic for citizens’ health and businesses across Europe. However, there have been several political discussions during the...
Abstract: Soft law adopted by the European Commission is an integral part of the EU regulatory framework for electronic communications networks and services, and has always played an important role in the regulatory process. In economic regulation under the framework, the use of binding legislation is limited to prescribing general regulatory powers...
Abstract: The case DB v. Consob (request lodged on 21 June 2019, case C-481/19), pending before the Court of Justice, deals with preliminary questions referred by the Italian Constitutional Court on the applicability and scope of a natural person's right to remain silent during administrative proceedings which may lead to the imposition of...
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