Forum Européen

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...

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...

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...

Insights and Highlights

Stephen Coutts, On Mutual Recognition and the...

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...

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...

Abstract: Free access to a copy of personal data included in a medical record is guaranteed under EU law. The legal basis, scope and reach of this right were addressed for the first time by the European Court of Justice in F.T. v D.W. The case triggers a number of considerations on the protection offered to individuals, and most notably...

Abstract: Until recently, it would have been tautological to say that the question of assessing independence did not arise when the preliminary ruling instrument was activated by a national judge: judges in the Member States were presumed to be independent. However, in the context of the rule of law backsliding, with the adoption of national laws...

Abstract: Access to justice in environmental matters is one of the three pillars of the Aarhus Convention, to which both the EU and its Member States are Parties. In the Convention, access to justice is subdivided into four limbs. Art. 9(3) contains the general obligation of access to review procedures for the public of acts and omissions of private...

Abstract: In case T-65/18 RENV Venezuela v Council the General Court was confronted with the question of the legality under international law of the EU’s restrictive measures against Venezuela. The judgment is of particular importance as it feeds into the burgeoning discussion regarding the juridical nature, and lawfulness, of EU...