Abstract: In the case law of the CJEU, Art. 51 of the Charter of Fundamental Rights of the European Union is often read as based on a dichotomic distinction between national rules and behaviors falling within and, respectively, outside the scope of the Charter. Only the first category of rules and behaviors shall abide by the Charter, while the...

Keywords: right to be forgotten – privacy – freedom of expression – territorial scope – internet – State sovereignty.
 

On 10 January 2019, the Advocate General of the CJEU delivered his opinion on a new controversial case on the right to be forgotten online (RBF).[1]...

Abstract: In his opinion delivered on 30 April 2019 in case C-390/18, Airbnb Ireland, the AG Szpunar stated that Airbnb provides an information society service. He also proposed a revision of the “Uber test” established in the previous case-law of the CJEU. In this Insight, the opinion is summarized and critically commented,...

Keywords: working time – rest breaks – health and safety – Charter – record-keeping – control.
 

Do employers need to keep a record of workers’ actual hours worked? The Court of Justice had the opportunity to provide an answer in Confederación Sindical de Comisiones Obreras (CCOO) v. Deutsche Bank SAE....

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...

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...

Abstract: In November 2018, the Court of Justice ruled on the so-called Antarctica case (judgment of 20 November 2018, joined cases C‑626/15 e C‑659/16, Commission v. Council) on two actions of annulment brought by the Commission against Council decisions approving the submission to the Commission for the Conservation of Antarctic...

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...

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...

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...