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Court of Justice of the European Union: Recognition of Treaty Negotiations as a Legal Act, Validation of Initiative to Stop TTIP

(May 31, 2017) On May 10, 2017, the General Court of the Court of Justice of the European Union (CJEU), which, inter alia, deals with actions for annulment of European Commission decisions brought by individuals, businesses, or governments of the EU Member States, reviewed the case M. Efler and Others v. the European Commission.  The […]

European Court of Justice/Sweden: Invalidation of Data Retention Obligations

(Jan. 19, 2017) On December 21, 2016, the European Court of Justice (ECJ) delivered a judgment striking down Sweden’s Data Retention Act as inconsistent with provisions of the Charter of Fundamental Rights of the European Union. (Joined Cases C-203/15 & C-698/15, Tele 2, Sverige AB v Post-och Telestyrelsen and Secretary of State for the Home Department […]

Court of Justice of the European Union; European Union: Challenges to Mandatory Plan to Relocate Refugees

(Dec. 14, 2015) Several of the European Union (EU) Members States, including the Czech Republic, Hungary, Romania, and Slovakia have been very critical of the EU’s recently adopted plan to distribute 120,000 refugees among all the EU Member States.  On September 9, 2015, the European Commission had adopted a proposal for the resettlement plan in […]

Court of Justice of the European Union/Sweden: Purchase and Sale of Bitcoins Not Subject to VAT

(Nov. 5, 2015) On October 22, 2015, the European Court of Justice (ECJ) issued a preliminary ruling on the taxation of Bitcoins. (Case C-264/14, Skatteverket v. David Hedqvist, 2015, INFOCURIA – CASE-LAW OF THE COURT OF JUSTICE (Oct. 22, 2015) (ECJ Preliminary Ruling).) The ruling was in response to a 2014 request by the Swedish Högsta […]

Court of Justice of the European Union/Italy: Criminal Sanctions Imposed on Illegal Migrants Upheld

(Oct. 9, 2015) On October 1, 2015, the Court of Justice of the European Union (CJEU) issued a judgment in a case involving the legality of the imposition of a prison sentence on an expelled migrant, after his re-entry into Italy. (Judgment of the Court, Fourth Chamber, Case of C-290/14 (Oct. 1, 2015), EUROPA.) Facts  The […]

Court of Justice of the European Union: Draft Agreement on Future Accession to European Human Rights Convention

(Feb. 12, 2015) On December 18, 2014, the Court of Justice of the European Union (CJEU) delivered its opinion on the compatibility with European Union law of the draft agreement on the future accession of the EU to the European Convention on Human Rights and Fundamental Freedoms (“European Human Rights Convention” or “Convention”). The CJEU […]

Court of Justice of the European Union: Evidence Required of Applicants for Asylum Persecuted for Homosexuality in Country of Origin

(Dec. 17, 2014) On December 2, 2014, the Court of Justice of the European Union (CJEU) issued a judgment on a preliminary question posed by a court in the Netherlands, as to whether individuals who are persecuted for being homosexuals are eligible to apply for asylum in the EU. (Judgment of the Court (Grand Chamber): […]

Court of Justice of the European Union: Conscientious Objectors May Claim Asylum in the EU

(Nov. 24, 2014) On November 11, 2014, Eleanor Sharpton, the Advocate General (AG) of the Court of Justice of the European Union, issued an opinion in Case C-472/13, on the question of whether conscientious objectors are eligible to seek asylum in the EU. The Court held that non-combat military personnel may seek asylum in the […]

Court of Justice of the European Union: Opinion of Advocate General on Obesity as a Form of Disability

(July 31, 2014) On July 17, 2014, Niilo Jääskinen, the Advocate General (AG) of the Court of Justice of the European Union (CJEU), issued an opinion in a case involving a man who worked as a public employee in Denmark taking care of children in his own home for 15 years who instituted legal proceedings […]

Court of Justice of the European Union: Pregnant Women Retain Their Work Status

(June 30, 2014) On June 19, 2014, the European Court of Justice (ECJ) held that a pregnant woman who was a French citizen working in the United Kingdom was entitled to income support after she discontinued her job in the United Kingdom. The woman, who had worked in the UK for a number of years, […]