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On Thin Ice: The Court’s Judgment in Case C-124/21 P, International Skating Union v Commission

Insight

Abstract: This judgment provides the foundations for applying art. 101 TFEU to rules or sporting organisations related to competing organisations. At hand was a rule that banned athletes from competing in non-approved skating competitions. The Commission found this rule to be a restriction of competition by object, which was largely upheld by the...

EU Cross-border Telemedicine: A Partial Harmonisation of Product and Professional Liability?

Insight

Abstract: Telemedicine raises complex legal issues. The challenging regulatory choices needed to adequately cope with the digital transformation of healthcare become more pronounced when the provision of healthcare services bridges national borders. Recently the EU has undoubtedly presented itself as a particularly active player in harmonising the...

The EU’s Role in Ammunition Procurement

Insight

Abstract: Russia’s invasion of Ukraine has shaken up the EU approach to defence matters. Funds have been released to help in providing Ukraine with ammunition. More interesting, the European Defence Agency (EDA) has taken up a more active role in the procurement of defence materials. While these developments are still limited, a partial...

Adapting Competition Law to the Digital Transition. Two Challenges

Insight

Abstract: The European responses to the COVID-19 outbreak have triggered an ongoing review process of competition rules and enforcement procedure to support the Union’s priorities. In this context, the European Commission published the Communication ‘A Competition Policy Fit for New Challenges' with the aim of underlining the ability of competition...

The European Commission’s Instrumentalization Strategy: Normalising Border Procedures and De Facto Detention

Insight

Abstract: The global reform of the EU migration policy envisaged in the New Pact on Migration and Asylum is stalling. The increased number of arrivals from Belarus gave the European Commission the opportunity to change its approach in attempting to reform the European migration management. The Belarus crisis, influenced by the active involvement of...

Decentralized Finance and EU Law: The Regulation on a Pilot Regime for Market Infrastructures Based on Distributed Ledger Technology

Insight

Abstract: The decentralized issuance of financial instruments is presently problematic under EU law. This situation will change with the entry into force of the Regulation on a pilot regime for market infrastructures based on distributed ledger technology. The Regulation provides for a regulatory sandbox – the pilot regime – that market operators...

Protecting Borders or Individual Rights? A Comparative Due Process Rights Analysis of EU and Member State Responses to ‘Weaponised’ Migration

Insight

Abstract: In recent years the EU and its Member States have claimed to be increasingly targeted by “weaponised” migration. Due to the contemporary sensitivity of migration-related issues in the EU, neighbouring states are supposedly using the threat of increased migration to force the Union’s hand in other policy areas. Below, several recent...

Schengen Reform: ‘Alternatives’ to Border Controls to Curb ‘Secondary Movements’

Insight

Abstract: A series of challenges and crises have highlighted the deficits of the ‘Schengen Αrea’ both regarding its external and internal borders. This resulted in the undermining of trust between the Member States which is essential to sustain an area free from internal borders. Thus, the EU Commission presented in December 2021 new rules to...

The Curious Incident of the ‘State Aid’ Granted by an International Arbitral Tribunal

Insight

Abstract: In case C-638/19 P Commission v European Food ECLI:EU:C:2022:50, the Grand Chamber of the Court of Justice of the European Union held that the Commission was competent to assess the compatibility of State aid granted as a consequence of an arbitral award issued against Romania by a tribunal established under a bilateral investment...

JY v Wiener Landesregierung: Adding Another Stone to the Case Law Built Up by the CJEU on Nationality and EU Citizenship

Insight

Abstract: In case C-118/20 JY v Wiener Landesregierung ECLI:EU:C:2022:34, the Grand Chamber of the Court of Justice addressed another preliminary question regarding the relationship between nationality and EU citizenship. The case builds on the two previous cases Rottmann and Tjebbes. This time, the Court was confronted...

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