Archive | Source: Court of Justice of the EU

Press Release: The competent authority of the State of execution may not refuse to recognise and enforce a fine in respect of a road traffic offence imposed on the person in whose name the vehicle is registered, provided that such a presumption of liability may be rebutted.

However, the person concerned must be duly informed of the decision imposing the fine and be allowed sufficient time to bring an appeal and prepare a defence.

Press Release: The protection of the name ‘Aceto Balsamico di Modena’ does not extend to the use of the non-geographical terms of that name such as ‘aceto’ and ‘balsamico’

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Press Release: According to Advocate General Pikamäe, the employer of lorry drivers employed in the international road transport sector is the transport undertaking which recruited those drivers for an indefinite period, exercises effective control over the drivers and actually bears the wage costs

AFMB, a company established on 11 May 2011 in Cyprus, entered into contracts with transport undertakings and drivers resident in the Netherlands. A dispute has arisen between, on the one hand, AFMB and those drivers and, on the other hand, the Raad van bestuur van de Sociale verzekeringsbank (Board of Management of the Social Insurance Bank; ‘RSVB’, Netherlands) concerning the latter’s decision that the Netherlands social security legislation applies to those drivers and not the Cypriot social security legislation.

Press Release: According to Advocate General Saugmandsgaard Øe, imprisonment cannot be used against the public officials responsible, including the Minister-President, in order to compel them to introduce traffic bans on diesel vehicles in Munich

The fundamental right to liberty may be limited only on the basis of a law which clearly provides for such a possibility in respect of those officials, which does not appear to be the case in Germany.

Press Release: Foodstuffs originating in the territories occupied by the State of Israel must bear the indication of their territory of origin, accompanied, where those foodstuffs come from an Israeli settlement within that territory, by the indication of that provenance

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Press Release: Ireland is ordered to pay pecuniary penalties for failing to comply with an earlier judgment of the Court which required, in particular, that an environmental assessment be carried out in respect of a wind farm

In the judgment European Commission v Ireland (C-261/18), delivered on 12 November 2019, the Grand Chamber of the Court imposed pecuniary penalties on Ireland for failing to give concrete effect to the judgment of 3 July 2008, Commission v Ireland,
in so far as the Court had held in that judgment that Ireland had infringed Directive 85/337 as a result of the construction of a wind farm at Derrybrien (Ireland) without a prior environmental impact assessment having been carried out.

Press Release: When the public is not put in a position to actually participate in the environmental impact assessment for a project, a time limit for bringing proceedings against the decision granting consent for the project cannot be relied on against the public

That is so where an assessment procedure is organised essentially on an island 55 nautical miles away from the place where the project is to be carried out.

Agenda: 15th meeting of the EU-Uzbekistan Cooperation Council (11 November 2019)

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Press Release: France has systematically and persistently exceeded the annual limit value for nitrogen dioxide since 1 January 2010

On 7 March 2012, France requested the Commission to delay the deadline imposed for compliance with the nitrogen dioxide limit values set by the Air Quality Directive. 1 That request concerned the annual limit values in 24 zones of the French territory and the hourly limit values in three of those zones. The Commission raised objections to that delay request. France did not challenge those objections and was, therefore, under an obligation to comply with the nitrogen dioxide limit values, calculated by hour or by calendar year, as from 1 January 2010.

Press Release: EU law does not preclude a host provider such as Facebook from being ordered to remove identical and, in certain circumstances, equivalent comments previously declared to be illegal

In addition EU law does not preclude such an injunction from producing effects worldwide, within the framework of the relevant international law which it is for Member States to take into account

Judgment in Case C-18/18 Eva Glawischnig-Piesczek v Facebook Ireland Limited

Press Release: There are no grounds to question the validity of the regulation on the placing of plant protection products on the market

A number of environmental activists, members of the group ‘Voluntary Reapers of GMOs, Ariège’, have been prosecuted for damaging cans of weed-killer containing glyphosate (and more specifically ‘Roundup’) in shops in the towns of Pamiers, Saint-Jean du Falga and Foix (France). The activists have been accused of defacing and damaging the property of another.

Press Release: The prohibition on processing certain categories of sensitive personal data applies also to operators of search engines

In the context of a request for de-referencing, a balance must be struck between the fundamental rights of the person requesting the de-referencing and those of internet users potentially interested in that information.

Judgment in Case C-136/17 GC and Others v Commission nationale de l’informatique et des libertés (CNIL)

Press Release: The operator of a search engine is not required to carry out a de-referencing on all versions of its search engine

It is, however, required to carry out that de-referencing on the versions corresponding to all the Member States and to put in place measures discouraging internet users from gaining access, from one of the Member States, to the links in question which appear on versions of that search engine outside the EU.

Judgment in Case C-507/17 Google LLC, successor in law to Google Inc. v Commission nationale de l’informatique et des libertés (CNIL).

Press Release: A German provision prohibiting internet search engines from using newspaper or magazine snippets without the publisher’s authorisation must be disregarded in the absence of its prior notification to the Commission

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Press Release: The General Court annuls the Commission decision approving the modification of the exemption regime for the operation of the OPAL gas pipeline

The General Court finds that the principle of solidarity is not referred to in the 2016 decision and that it does not appear that the Commission, as a matter of fact, conducted an examination of that principle.

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