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Germany: Court Rules Google Has No Duty to Check Websites for Defamatory Content Before Displaying Search Results

(Mar. 19, 2018) On February 27, 2018, the German Federal Court of Justice (Bundesgerichtshof, BGH) ruled that Google is not obligated to prescreen websites for defamatory content before displaying links to them in its search results. (BGH, Feb. 27, 2018, Docket No. VI ZR 489/16, BGH website (not yet published); Press Release No. 39/2018, BGH, […]

Sweden: Appellate Court Grants Sami Village “Better Right” to Hunting Rights, but Not Control over Them

(Mar. 8, 2018) On January 23, 2018, the Appeals Court for Upper Norrland (Hovrätten for Övre Norrland) decided that the Sami village Girjas has a “better right” to fishing and hunting rights in its reindeer-grazing area than the Swedish state, concluding that the state has no right to fishing or hunting in that area. The […]

Germany: Islamic Umbrella Organizations Ruled Ineligible to Teach Religious Classes in Public Schools in North Rhine-Westphalia

(Feb. 27, 2018) In a decision published on January 10, 2018, the Higher Administrative Court of North Rhine-Westphalia (OVG NRW), the highest state court in administrative law matters, held that the petitioners, two Islamic religious umbrella organizations, were not entitled to introduce Islamic religious classes in public schools as a permanent part of the school […]

Israel: Supreme Court Holds Threat of Suicide Not a Criminal Offense

(Feb. 15, 2018) On January 17, 2018, Israel’s Supreme Court unanimously overturned the conviction of an appellant who had threatened to take her own life and been charged with committing a criminal threat under § 192 of the Penal Law, 5737-1977. The Court opinion was issued by Justice Dafna Barak-Erez, with Justices Uzi Vogelman and […]

Japan: Supreme Court Affirms Reversal of Order to Return Children with Dual Citizenship

(Jan. 12, 2018) On December 21, 2017, Japan’s Supreme Court affirmed a High Court decision that reversed a previous order for the mother of four children with dual Japan-US citizenship to return the children to their father in the United States. (Sup. Ct., Case No. 2017 (kyo) 9 (Dec. 21, 2017) (in Japanese; click characters […]

Japan: Supreme Court Reverses View on Whether Obscene Intent Necessary for Crime of Forcible Indecency

(Dec. 5, 2017) On November 29, 2017, the Supreme Court of Japan reversed a nearly five-decade-old precedent, stating that no obscene intent is necessary for the crime of forcible indecency.  (Saiko Saibansho [Sup. Ct.] Nov. 29, 2017, Case No. 2016 (a) 1731, Courts in Japan website (in Japanese) (click on the two characters beside PDF […]

Italy: New Legislation on Honorary Judges

(Sept. 28, 2017) On July 18, 2017, new legislation amending the statute on honorary judges and other judges entered into effect in Italy. (Legislative Decree No. 116 of July 13, 2017, Organic Reform of the Honorary Judiciary and Other Provisions on Justices of the Peace as well as Temporary Regulations on Honorary Magistrates in Service, […]

India: Supreme Court Upholds Mandatory Use of Biometric Identification for Filing Taxes and Tax Account Applications

(July 21, 2017) India’s Supreme Court, on June 9, 2017, upheld the constitutional validity of section 139AA of the Income Tax Act, 1961, which made the Act’s biometric-based identification project, Aadhaar, mandatory for filing income tax returns and applying for Permanent Account Numbers (PANs). (Binoy Viswam v. Union of India & Ors., (2017), Supreme Court […]

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 […]

Malaysia: Court Decision on Review of Pardon Petitions

(Jan. 25, 2017) On January 18, 2017, the Malaysian Court of Appeal ruled that the question of whether or not a rejection of a petition for a royal pardon can be appealed should be considered by a higher court. Anwar Ibrahim, a currently imprisoned opposition leader, can now petition the Federal Court to determine if […]