Staatsanwaltschaft Aachen, ovvero la tutela dei diritti fondamentali sulla base del test LM nelle procedure di trasferimento interstatale di detenuti

Insight

Abstract: In the judgment handed down on 9 November 2023 by the Court of Justice in Staatsanwaltschaft Aachen, the Court has acknowledged that the two-step test aimed at protecting fundamental rights, which was developed in relation to the European Arrest Warrant in Aranyosi and Căldăraru and confirmed by subsequent judgments – in...

La Procura della Repubblica tra rinvio pregiudiziale ed esecuzione dell’ordine europeo di indagine penale: considerazioni relative alla causa XK

Insight

Abstract: In 1996, the Court of Justice ruled out that prosecutors could refer questions for a preliminary ruling on the grounds that their task is not to settle a dispute in complete independence but to submit it to a court by means of criminal prosecution. In case C-66/20 XK ECLI:EU:C:2021:200, the Court was asked to deal with the same...

Adapting to Change: COVID-19 as a Factor Shaping EU State Aid Law

Insight

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...

La verità, vi prego, sul criterio del creditore privato: Commissione c. FIH Holding e FIH Erhvervsbank

Insight

Abstract: In Commission v. FIH Holding and FIH Erhvervsbank (judgement of 6 March 2018, case C-579/16 P), the Court of Justice dealt with the case of a bank, beneficiary of an aid scheme, that had already been granted a number of benefits, which were approved by the European Commission as aid schemes compatible with the internal market. The...

F. Hoffmann-La Roche Ltd e altri: le informazioni ingannevoli possono nuocere alla salute… e alla concorrenza

Insight

Abstract: In a recent case (judgment of 23 January 2018, case C-179/16, Hoffmann-La Roche and others), the Court of Justice held that an arrangement put in place between two undertakings marketing two competing products, which concerned the dissemination of misleading information relating to adverse reactions resulting from the use of one...

Beshkov or the Long Road to the Principle of Social Rehabilitation of Offenders

Insight

Abstract: This Insight provides an analysis of the first preliminary ruling (Court of Justice, judgment of 21 September 2017, case C-171/16, Beshkov) concerning some provisions of the Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of...

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