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This Week and Last Week in Luxembourg
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The biggest case this week is probably Joined Cases Libert et al. v. Flemish Government and All Projects & Developments NV et al. v. Flemish Government, where the Court (Judge Tizzano) answered a number of questions coming from the Belgian Consti...
This Week in Luxembourg
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The Grand Chamber (Judge Ilešič) slapped down the appeal by Laurent Gbagbo and his friends against the General Court’s order dismissing their action for annulment of their asset freeze as manifestly unfounded. The problem was that t...
This Week in Luxembourg
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The Grand Chamber handed down two big cases this week: On the one hand, it decided not to shoot down the European Patent Court a second time. (Cf. Opinion 1/09) Curiously, Spain and Italy tried to use art. 3(1)(b) TFEU to argue that the EPC deals wit...
Today in Luxembourg
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The case of Mindo v. Commission (judge Arabadijev) gave the Court the opportunity to explore the consequences of joint and several liability for competition fines when one of the persons liable is bankrupt. It held that the General Court was wrong to...
The Plague Reaches EUObserver
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Repeat after me: Not being able to win a referendum is not "undemocratic". The are many things that you'd never win a referendum on. Taxes. Piers Morgan. Quantum Physics. But that doesn't make any of these things undemocratic. Instead, we have democr...
This Week in Luxembourg
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The Grand Chamber (Judge Arabadijev) annulled the General Court’s state aid judgment in French Republic et al. v. Commission. Siding with the Commission, the Court criticised the General Court’s standard for the connection between the sta...
Today in Luxembourg
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While I missed it in the email version of this post, the big case is apparently the Spanish evictions case of Aziz v. Caixa d’Estalvis de Catalunya, Tarragona i Manresa (Catalunyacaixa), where the Court (Judge Tizzano) held that the way in whic...
Tacit Collusion
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Nicolas Petit’s new(-ish) article on tacit collusion is a wonderful piece of scholarship. Unfortunately, it is also wrong. To be clear, it is not the economics that I have a problem with. The author’s understanding of the relevant in...
This Week in Luxembourg
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In ITV v. TVCatchup, the Court (Judge Malenovský) once again endeavours to bring (TV) copyright into the internet age. It argues that the copyright Directive 2001/29 does not give ITV the right to forbid TVCatchup from live streaming its...
This Week in Luxembourg
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In Åklagaren v. Åkerberg Fransson, the Court (Judge Safjan) applied the Charter to a case that was within the scope of EU law but not a necessarily an implementation of EU law in the sense of art. 51(1) Charter. Also fun, the Court discus...
Last Week in Luxembourg
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In ProRail v. Xpedys et al, the Court (Judge Ilešič) considered whether the procedure created by Regulation 1206/2001 for a Court to enlist the help of the Court in another Member State for taking evidence there is mandatory. The Cou...
This Week in Luxembourg
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This week’s case of the week is Protimonopolný úrad Slovenskej republiky v. Slovenská sporiteľňa a.s. (Judge Rosas), where the Court held that it is irrelevant for the purposes of art. 101 TFEU that the...
This Week in Luxembourg
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Apparently it took a Grand Chamber judgment (Judge Ó Caoimh) to explain why Mr. Radu’s attempt to throw the entire ECHR and Charter at his European Arrest Warrant should fail. In the end, they still ign...
This Week in Luxembourg
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The Grand Chamber (Judge Juhász, the usual competition judge) upheld the General Court’s judgment in Tomkins v. Commission, where the General Court annulled a decision making the parent liable for the cartel infringement of its subs...
Last Week in Luxembourg
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Last week’s Grand Chamber judgment deals with two of my favourite things: The Aarhus Convention and Elchinov-style right to as prejudicial questions issues. Unsurprisingly, the Court (Judge Bay Larsen) concluded that the Slovak Supreme Court co...
Victor Hugo
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It was [Victor] Hugo, who, during the International Peace Congress that was held in Paris in 1849, declared, “A day will come when you France, you Russia, you Italy, you England, you Germany, you all, nations of the continent, without losing you...
Today in Luxembourg
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Today the Court handed down its last judgements before its Christmas vacation:The Grand Chamber (Judge Bay Larsen) clarified the meaning of art. 12(1)(a) of Directive 2004/83 in a case about three Palestinian refugees. Do they qualify as refugees, gi...
Ultimate Guarantor
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Despite Marc de Werd's excellent newsletter on EU and ECHR law, I seem to have missed Longa v. the Netherlands. The problem of that case is pretty simple: Are individuals who are detained by the ICC "within the jurisdiction" of the Netherlands in the...
