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EU Law Blog

This is a web log about European Union law for students, academics, practitioners and anyone else who may be interested in it. The successor to "EU law web log" (www.sparkpod.com/eulaw).

Post Frequency: 2/day

Last Entry: March 19, 2011 at 12:54:52

State Aids and National Courts: Commission Guidelines

Posted on February 28, 2009

Court Statistics for 2008

Posted on February 23, 2009
The Courts have made public some statistics for 2008 and made a press release. As always, there some good news and some bad news. For the Court of Justice, there is a decline in the number of preliminary references made...

Arbitration, Anti-suit Injunctions and the Brussels Regulation: Case C-

Posted on February 21, 2009
Well, it has happened, as feared. The Court of Justice has handed down its judgment in Case C-185/07 West Tankers and the result is as expected. Remember ? It is that case about anti-suit injunctions issued to protect an arbitration...

Free movement of Goods, Motorcycle Trailers, Product Use and Road Safety: Case C-110/05

Posted on February 16, 2009
Here's a judgment that's important not for what it decides but for what it does not decide. It is the judgment of the Court of Justice in Case C-110/05 Commission v. Italy and concerns the free movement of goods. The...

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Preliminary Reference, National Appeals and National Courts: Case C-210/06

Posted on February 09, 2009
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Election of Presidents in the Courts: Amendments to the Procedure

Posted on February 04, 2009
There's recently been a slight amendment to the procedure for the election of the President of the Court and of the Presidents of Chambers. The change ends the privilege of age. The relevant provision of the Rules of Procedure (Article...

Draft Agreement on European Patent Judiciary: New Developments

Posted on January 24, 2009
A while ago, we pointed out that one of the biggest developments in the EU legal order is the work going on to create a new European-wide jurisdiction for disputes concerning European and Community patents. At present no EU patent...

Abuse of law and Case C-212/97

Posted on January 21, 2009
Dr. Wolf-Georg Ringe of Oxford University, England, has written an interesting article entitled "Sparking regulatory competition in European Company Law: The impact of the Centros line of case-law and its concept of 'abuse of law'". The article traces the impact...

"My Week as a Member of the European Parliament": BBC Feature

Posted on January 13, 2009
The BBC is running an interesting and entertaining feature. A journalist is chronicling his week at the European Parliament, "embedded" with elected Members. The first instalment is available here. Monday, or getting to Strasbourg, is here. And here's Tuesday...

Examining EC Law Pleas on Own Motion and Reformatio in Pejus: Case C-455/06

Posted on January 11, 2009
The principle of "reformatio in pejus" is relatively common in Continental legal systems and means that an individual bringing an action cannot be placed in a less favorable position than if he had not brought the action in the first...

The Number of European Commissioners: Past, Present and Future

Posted on January 10, 2009
How about starting the year with a general post of institutional interest ? Let us look at how the composition of the EU Commission has changed. At present, the EC Commission currently has 27 members, known (un)popularly as ?Commissioners?. That...

Best Wishes for 2009

Posted on January 10, 2009
Best wishes to you all for 2009. Many thanks for reading the blog in the past and for posting comments. We'd like to welcome new readers, especially students starting their second semester EU law course. We hope that reading the...

Population, Voting and Article 205 EC

Posted on December 18, 2008
Well, this our annual treat. Each year we point out that the Council amends its Rules of Procedure to set out the population figures of each member State and the 62% threshold figure laid down in Article 205 �4 EC....

Privacy and Freedom of the Press: Case C-73/07

Posted on December 16, 2008
The Court of Justice has handed down a stack of interesting judgments lately. We can't write them all up today so be patient. Here's one which deals with a conflict between data protection (privacy) and the freedom of the press....

Free movement of Persons and Residence: Directive 2004/38/EC

Posted on December 15, 2008
A while back we mentioned the singular lack of enthusiasm of the member States to bring into effect Directive 2004/38/EC of the European Parliament and of the Council of April 29th 2004 on the right of citizens of the Union...

Constitutional Patriotism and the Right to Privacy: New Article by Professor Bignami

Posted on December 04, 2008
Professor Francesca Bignami, now of Gearge Washington University Law School, has published another terrific article on privacy in Europe. The title of the article is "The Case for Tolerant Constitutional Patriotism: The Right to Privacy Before the European Courts" and...

Abuse of Dominant Position, Article 82 and New Guidance

Posted on December 03, 2008
At long last, the Commission has made public its "guidance" on its enforcement priorities in Article 82 EC cases. You can find it here. As we pointed out earlier, antitrust boffins have been making quite a fuss at the EU...

Urgent Preliminary Reference Procedure, Arrest Warrant and Specialty Rule: Case C-388/08 PPU

Posted on December 02, 2008
The Court of Justice has handed down its third judgment using the urgent preliminary reference procedure. This time, the judgment - handed down in Case C-388/08 PPU Leymann and Pustovarov concerns the European arrest warrant and the specialty rule. The...

Stem Cells, Patents and Public Policy: Ruling of EBoA on WARF/Thomson application

Posted on November 29, 2008
The European Patent Office's Enlarged Board of Appeal (EPoA) ruled on November 25th 2008 that it is impossible to grant patent protection to a certain stem cell application for reasons of public policy. Back in 1995 the Wisconsin Alumni Research...

Lisbon Treaty and Czech Constitutional Court

Posted on November 27, 2008
The Czech Constitutional Court handed down its judgment of November 26th 2008 on whether ratification of the Lisbon Treaty was compatible with the Czech Constitution. The Constitutional Court held that Articles 2 � 1 (before renumbering, Article 2a � 1),...

Texts and materials on institutional matters: "Dorie"

Posted on November 24, 2008
The EU institutions - and the Commission in particular - have set up what looks like a useful database of texts and materials on institutional affairs. Here a link to it. The database is given the improbable name of "Dorie"....

Languages and EU law: Case T-185/05

Posted on November 23, 2008
There's nothing quite as sensitive as the law of languages in EU law. And the judgment of the Court of First Instance in Case T-185/05 Italy v. Commission shows just how sensitive and litigious the member States are about languages....

Antitrust, Restriction by Object and Agreed Capacity Reductions: Case C-209/07

Posted on November 20, 2008
The Court of Justice has handed down a neat judgment in Case C-209/07 Competition Authority v. Beef Industry Development Society ("BIDS") and Barry Brothers on what constitutes a restriction of competition "by object" within the meaning o Article 81 �1...

Citizenship, Grants, Students and Ex-workers: Case C-158/07

Posted on November 19, 2008
Has the Court of Justice halted the inexorable march of rights under the banner of "citizenship" ? Perhaps not. But the recent judgment in Case C-158/07 Jacqueline F�rster v. Hoofddirectie van de Informatie Beheer Groep does give the member States...

Appointments to the Court of Justice in October 2009

Posted on November 16, 2008
We drew your attention in a post a while ago to a letter sent by the President of the Court of Justice to the President of the Council on judicial reappointments in which he asks that decisions on appointments be...

State liability, Pharmaceuticals and Marketing Authorization: Case C-452/06

Posted on November 03, 2008
Here's an interesting judgment handed down the other day about the liability of a member State for failure to recongize the marketing authorization for a drug granted pursuant to Directive 2001/83 on the Community code relating to medicinal products for...

Immunity of Members of the European Parliament: Joined Cases C-200/07 and C-201/07

Posted on November 01, 2008
Here's a rather curious but interesting case dealing with the immunity from suit of Members of the European Parliament. The Court of Justice held in Joined Cases C-200/07 and C-201/07 Marra v. De Gregorio and Clemente that in principle Members...

2007 Commission Annual Report on Public Access to Documents

Posted on October 21, 2008
The Commission as recently made public its report on transparency in 2007. You can download the document - COM (2008) 630 final - here. The report is a valuable overview of all the activities of the Commission in the field...

Non-horizontal Merger Guidelines Published

Posted on October 20, 2008
The Commission has published its new Guidelines on how it will examine mergers which are not "horizontal" ones - that is to say mergers of undertakings engaged on different relevant markets under its powers conferred by Regulation 139/2004. These new...

Banking Crisis - Overview of National Bailout Measures

Posted on October 14, 2008
The Commission has published a handy table listing the measures taken by the member States to date to bail out the financial sector. You can find it here. And it is really worrying because it sets out rather graphically the...

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