Bold, but Without Justification? Tjebbes

Insight

Abstract: Tjebbes (Court of Justice, judgment of 12 March 2019, case C-221/17 [GC]) builds on and extends the scope of a line of existing cases that has started to redefine the relationship between EU citizenship and Member State nationality. This Insight inquires on which legal grounds the Court of Justice could justify its bold...

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...

Freedom of Movement, Social Integration and Naturalization: Testing Reverse Discrimination in the Recent Case Law of the Court of Justice

Insight

Abstract: The Insight addresses reverse discrimination in the field of free movement and derived residence rights for EU citizens’ family members who are third country nationals. It outlines the debate concerning the justification for differential treatment and discusses the role of the EU and the Member States in relation to reverse discrimination. While the...

Impact of Brexit on European Company Law: A French Private International Lawyer Perspective

Insight

Abstract: Although the outcome of the Brexit remains quite uncertain, this Insight aims at contemplating, from a private international law perspective, what the consequences of Brexit, in the field of Company law, could be. From Incorporation to (possible) freedom of movement, through recognition (and its consequences), the major...

Is Toufik Lounes Another Brick in the Wall? The CJEU and the On-going Shaping of the EU Citizenship

Insight

Abstract: This Insight tackles a recent judgment of the CJEU, Toufik Lounes (Court of Justice, judgment of 14 November 2017, case C-165/16, Toufik Lounes v. Secretary of State for the Home Department), where the CJEU was asked to rule on the case of a EU national, Ms García Omazábal, who...

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...

Le droit de séjour dérivé et l’effet utile
de la citoyenneté de l’Union:
 la position de la Cour de Justice

Highlight

Keywords: European citizenship – freedom of movement – right of residence – fundamental rights – burden of proof – best interests of the child.
 

La jurisprudence de la Cour de Justice des dernières années concernant les membres des familles des citoyens de l’UE a marqué une ouverture vers l’intégration qui...

Aplicación del Derecho europeo en Gibraltar: la libre prestación de servicios y la consideración de una única entidad estatal con Reino Unido

Insight

Abstract: In its judgment of 13 June 2017, case C-591/15, The Gibraltar Betting and Gaming Association, the Court of Justice held that, in the area of freedom to provide services, the United Kingdom and Gibraltar are to be treated as a single member State. Therefore, national fiscal measures at stake, found to be in all other regards...

La selettività negli aiuti fiscali: estensione della nozione e limiti alla discrezionalità fiscale nazionale

Insight

Abstract: Selectivity is a tricky notion when applied to fiscal aid, mostly because of the peculiar structure of this type of aid. As recent tax ruling cases (such as Apple, Fiat and Starbucks) have shown, the definition of the notion of fiscal aid is becoming crucial in determining the relationship between supranational...

L’accesso al mercato delle concessioni delle aree demaniali delle coste marittime e lacustri tra tutela dell’investimento ed interesse transfrontaliero certo

Insight

Abstract: The debate about the access to the Italian market of maritime (and lakeside) concessions has not ended yet. In 2008, the European Commission opened an infringement procedure against Italy, alleging that the regime of the preferential rights to the state-owned maritime property concessionaires was inconsistent with Art. 49 TFEU and with the...

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