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...
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...
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...
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...
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...
Abstract: The Court of Justice has recently analysed the compatibility of the French regulation about certain uses of out-of-commerce works with the Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (judgment of 16...
Abstract: The European Court of Justice ruled in November 2016 on a case where shareholders of a private bank were opposing the Republic of Ireland over recapitalisation measures taken by this Member State against the bank in order to obtain financial assistance from the institutions of the European Union (judgment of 8 November 2016, case C-41/15...
Abstract: In a coherent line of case law, developed in particular in pressetext Nachrichtenagentur GmbH, the CJEU has recognised that the awarding authorities can change, under certain conditions, existing public contracts. The principles developed by this case law have been eventually incorporated in the 2014 Public Procurement package (...
Abstract: Extradition agreements between Member States and third States fall within the competence of Member States, but the ruling in Aleksei Petruhhin (Court of Justice, judgment of 6 September 2016, case C-182/15 [GC]) shows that Member States must exercise this competence in light of EU law if extradition may affect an EU citizen’s...
Abstract: The Insight analyses the recent judgment of the Court of Justice in the Aleksei Petruhhin v. Latvijas Republikas Ģenerālprokuratūra case (judgment of 6 December 2016, case C-182/15). The preliminary ruling deals with the relationship between EU law and Member States’ extradition agreements with third countries. The...
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