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Next Step: Electing the Commission’s President

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Keywords: European elections – President of the Commission – Art. 17, para. 7, TEU – candidate – European Parliament – Council.
 

The Treaty of Lisbon has established a new process for the election of the President of the European Commission. Under art. 17, para. 7, TEU: “Taking into account the elections to the...

State Aid, the Criterion of State Resources and Renewable Energy Support Mechanisms: Fresh Wind from Luxembourg in EEG 2012

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Abstract: EEG 2012 (judgment of 28 March 2019, case C-405/16 P, Germany v. Commission) deals with the assessment under EU State aid rules of a German renewable energy support mechanism in force from 2012 to 2014. The case hinged on the proper interpretation and application of the criterion of State resources. The Court of Justice...

The Family in EU Law After the SM Ruling: Variable Geometry and Conditional Deference

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Abstract: SM (Court of Justice, judgment of 26 March 2019, case C-129/18 [GC]) revolved around the possibility of embracing a child in guardianship under the Algerian kafala system within the EU law notion of “family member”. In the ruling, the Court opened the door to a “variable geometry” notion of family. To this extended notion...

Suing the European Union in the UK: Tomanović et. al. v. the European Union et. al.

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Abstract: In its judgment of 13 February 2019 in the case of Tomanović et.al. v. the European Union et.al., the English High Court of Justice dismissed several claims based on human rights violations by EULEX Kosovo. Although the High Court’s dismissal was ultimately based on the lacking incorporation of the Treaty provisions on the Common...

Religious Slaughtering and Organic Labels: Œuvre d’assistance aux bêtes d’abattoirs

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Abstract: In Œuvre d’assistance aux bêtes d’abattoirs (judgment of 26 February 2019, case C-497/17 [GC]) the Court of Justice held that the EU organic label cannot be placed on meat products if the animal has been slaughtered in accordance with religious rites, when the animal was not stunned before killing. According to the Court, this is...

Bold, but Without Justification? Tjebbes

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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...

The Tjebbes Fail

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Abstract: This Insight briefly analyses ten most significant untenable assumptions underlying the Court of Justice’s ruling in Tjebbes (judgment of 12 March 2019, case C-221/17 [GC]), where the Court departed from earlier case-law by essentially tolerating the annulment of EU citizenship ex lege as a result of a non-...

Jurisdiction in Matters of Parental Responsibility Between Legal Certainty and Children’s Fundamental Rights

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Abstract: The impact of the protection of fundamental rights is a factor of increasing importance for the interpretation of EU private international law. In matters of parental responsibility, the application of the rules on jurisdictional competence contained in the Regulation (EC) 2201/2003 can have a significant bearing on the rights of the child...

Cordella et al. v. Italy: Industrial Emissions and Italian Omissions Under Scrutiny

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Abstract: This Insight focuses on the judgment of the European Court of Human Rights of 24 January 2019, Cordella et al. v. Italy (joint applications n. 54414/13 and n. 54264/15), marking an important step in the judicial saga of the Ilva steel plant in Taranto. The Court unanimously established Italy’s responsibility in failing to...

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

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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...

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