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Business Law 14-01-2014 Case Law

Unprecedented referral to the CJEU by the Federal Constitutional Court of Germany

Federal Constitutional Court of Germany, case 2728/13

For the first time in history the Federal Constitutional Court of Germany (BVerfG) sought guidance from the CJEU and referred a question for a preliminary ruling under Art. 267 TFEU: is the European Central Bank's (ECB) OMT program (Outright Monetary Transactions) in compliance with EU primary law or has the ECB exceeded its powers? Does the EBC's mandate to administer the monetary policy of the Eurozone cover the OMT program or does it violate Germany's constitutional identity and d... [Read All]

Business Law Articles The CCBE Manifesto for the 2014 European elections 05-03-2014 From Altalex.EU Blog Tags: CCBE elections IMPROVING JUSTICE IN EUROPE The Council of Bars and Law Societies of Europe’s manifesto for the 2014 European elections This Manifesto is intended as a guide to justice issues for the 2014 Eur... [Read All] - Comments (0)

Employment Law Case Law CJEU found Art. 27 of the EU Charter not directly applicable in a controversy between private parties European Court of Justice, case C‑176/12 15-01-2014 From Altalex.EU Blog Tags: bodies representing staff Employment eu charter Worker The instant case, which was referred to the CJEU by the French Cour de Cassation, concerned a dispute on the representation of workers within the undertaking with which they are employed. The CJEU ad... [Read All] - Comments (0)

Business Law Case Law Big blow to the City of London as EU court confirms ESMA’s powers to regulate short-selling European Court of Justice, case C-270/12 22-01-2014 From Altalex.EU Blog Tags: Market short-selling transaction tax The controversial decision reached by the Court of Justice on 22 January is likely to have significant consequences in the process of increased centralisation of regulatory and supervisory powers with... [Read All] - Comments (0)

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Consumer Law Case Law Italian RTA compensation scheme consistent with EU law, CJEU rules European Court of Justice, case C-371/12 23-01-2014 From Altalex.EU Blog Tags: Civil liability Compensation Consumer Insurance Non-material damage Traffic accident The case was referred to the CJEU by the Tivoli General Court (a first instant court located in Italy, near Rome); in the domestic proceedings, a Spanish national, who had had a road accident in Italy... [Read All] - Comments (0) Consumer Law Articles Misleading commercial practices designed to attract consumers into a store are ''unfair'' under EU Law European Court of Justice, case C-281/12 19-12-2013 From Altalex.EU Blog Tags: Consumer Misleading action Unfair commercial practice The case was referred to the CJEU by the Italian Consiglio di Stato –the domestic last instance court for administrative cases. In the national proceedings, a company had challenged an administr... [Read All] - Comments (0) Consumer Law Articles Parliament gives thumbs-up to EU Data Protection Package 16-12-2013 From Altalex.EU Blog Tags: Consumer European Parliament Privacy The EU Parliament has given its assent to the draft EU package on data protection, which will consist of a Regulation on the core principles of data processing and of a Directive regarding the data pr... [Read All] - Comments (0) Business Law Articles The Italian Lawyer Aldo Bulgarelli is the new President of the CCBE 04-12-2013 From Altalex.EU Blog Tags: Aldo Bulgarelli Business Council of Bars and Law Societies of Europe Lawyers President Aldo Bulgarelli, an Italian Lawyer in Verona and former councillor of the Italian National Bar Council, has been elected, for the year 2014, president of the CCBE, the representative body, seated in B... [Read All] - Comments (0)

View All Active Blogs Pini Franco LLP's blog Employment Law Articles National minimum wage increases in England for October 2013 Post Date: 05-09-2013 - Article Date: 02-09-2013 The government has announced the national minimum wage rates which will take effect on 1 October 2013. It accepted most of the recommendations of the Low Pay Commission (LPC) with one exception; the LPC had recommended freezing the apprenticeship rate at £2.65 an hour, but the government has ... [Read All] - Comments (0) Altalex.EU Blog Business Law Case Law Unprecedented referral to the CJEU by the Federal Constitutional Court of Germany Post Date: 06-03-2014 - Article Date: 14-01-2014 For the first time in history the Federal Constitutional Court of Germany (BVerfG) sought guidance from the CJEU and referred a question for a preliminary ruling under Art. 267 TFEU: is the European Central Bank's (ECB) OMT program (Outright Monetary Transactions) in compliance with EU primary l... [Read All] - Comments (0) F. Paolo Porcari's blog Business Law Articles New tools in Italy for the composition with creditors Post Date: 27-09-2012 - Article Date: 22-08-2012   As it was before, the “composition with creditors” (art. 160, Italian Bankruptcy Act) helped too little the insolvent entrpreneurs. Not to mention the “restructuring agreements” (art. 182bis, I.B.A.). The tools provided by the legislator between 2005 and 2006, were am... [Read All] - Comments (0)