Abstract: In Ognyanov (judgment of 5 July 2016, case C-614/14), the Court of Justice held that Bulgarian courts have to set aside a national rule aimed at protecting fundamental rights of the parties that has the effect of automatically disqualifying a court that refers questions for a preliminary ruling along with the factual and legal...

Abstract: On 6 December 2016, the Supreme Court of Denmark delivered its judgment in the Ajos case (no. 15/2014, DI acting for Ajos A/S v. The estate left by A.). The Danish Court surprisingly disregarded the guidelines provided by the Court of Justice in its preliminary ruling of April 19, 2016. With its decision, the Supreme...

Abstract: In its judgment of 5 April 2016, in Puligienica, the CJEU extended to the relationship between the chambers and the plenary session of the supreme administrative court of a Member State its previous case-law on the national courts’ discretion to request a preliminary ruling notwithstanding, under national legislation, they are...

Abstract: In a recent ruling, the Court of Justice of the European Union has taken the opportunity to clarify what is to be understood as being a “jurisdiction” according to EU law. More specifically, this case was the occasion for the Court to determine whether or not a national referring body whose jurisdiction was considered as an alternative one...

Keywords: State aid – res judicata – procedural autonomy – equivalence – effectiveness – legal certainty – final administrative act.
 

Dans l’affaire Klausner Holz sur renvoi du tribunal régional de Münster en Allemagne,[1] un prestataire avait obtenu en justice le maintien des effets...

Keywords: Constitutional Court of Germany – European arrest warrant – fundamental rights – conviction in absentia.
 

If there is a national court which is famous for its prominence in the European Union (EU) arena that is, undoubtedly, the Federal Constitutional Court of Germany, the Bundesverfassungsgericht...

Abstract: This Insight focuses on the recent judgment of the Court of Justice in Orizzonte Salute (case C-61/14). The Court was asked to clarify whether EU Law – more particularly Art. 1 of Directive 89/665/EEC of the Council on the coordination of the laws, regulations and administrative provisions relating to the application of...