Case Law

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Turkish citizens without EU visa are not entitled to access welfare services of member states

European Court of Justice, case C-211/11

Article Date: 24-09-2013
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The European Economic Community and Turkey stipulated the EEC-Turkey association treaty in 1963. In 1970, the “standstill clause” was introduced; this latter forbade the contracting parties from adding restrictions to the freedom to provision of services. On this basis, a Turkish c... [Read All]

Cross border gambling service intermediaries may be required to obtain national license

European Court of Justice, case C-660/11

Article Date: 12-09-2013
Categories: Business Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The case was referred to the CJEU by the TAR Toscana (“Administrative Regional Court of Tuscany”); the domestic proceedings had been brought by an Austrian Company which was active in the field of bets and gaming. The company did not provide such services directly; rather, its purpose wa... [Read All]

Italian Law on protection of disabled individuals found to fall short of EU standards

European Court of Justice, case C-312/11

Article Date: 04-07-2013
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The CJEU has ruled that the Italian provisions, designed to implement Directive n. 2001/28/EC establishing “…a general framework for equal treatment in employment and occupation”, do not meet the requirements set forth by EU Law, which mandates that national Law should oblige all ... [Read All]

CJEU establishes conditions to be complied with by domestic “private copy levies”

European Court of Justice, case C-521/11

Article Date: 11-07-2013
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
CJEU establishes conditions to be complied with by domestic “private copy levies” In the instant case, the CJEU was faced with a preliminary reference regarding those provisions of the Austrian legislation on copyright protection, whereby a levy is charged on the sale of recording media... [Read All]

Double citizenship: the foreigner's double surname cannot be amended without his consent

Italian Supreme Court, case n. 17642/2013

Article Date: 17-07-2013
Categories: Family Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
In a recent decision, the Italian Supreme Court of Cassazione ruled that foreign surnames of naturalized Italian citizens may not be amended without the individual’s consent, even when the amendment is compliant with the default Italian rules on surname attribution and transmission. In the in... [Read All]

Domain names are protected as trademarks only if effectively used for commercial purposes

European General Court - Court of First Instance, case T-321/11

Article Date: 14-05-2013
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The case was decided by the General Court of the European Union, on appeal to a decision released by the OHIM. A trademark of a political party, the “Partito della libertà” (Freedom Party), had been registered with the OHIM  by Michela Vittoria Brambilla, an activist of the ... [Read All]

Italian “substitutive” tax for capital gains arising from intra-community share transfers is legal

European Court of Justice, case C-207/11

Article Date: 19-12-2012
Categories: Business Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The case was referred to the CJEU by the Commissione Tributaria Regionale (“Regional Tax Court” of Milan, an appellate level court competent for tax disputes). The main proceedings regarded the taxes payable on the capital gains arising from a transfer of a company branch to a second co... [Read All]

Market restrictions for compulsory CPD courses providers breach EU competition law

European Court of Justice, case C-1/12

Article Date: 28-02-2013
Categories: Business Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
In the instant case, the CJEU addresses the compatibility with EU competition law (particularly, art. 101 TFEU) of the Portuguese domestic regulation of the provision of continuing professional development courses for chartered accountants. According to the relevant Portuguese legislative instrumen... [Read All]

Passengers who have stored items in another passenger’s lost baggage can claim damages

European Court of Justice, case C-410/11

Article Date: 22-11-2012
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
In the instant case, the passengers of a flight between Barcelona and Paris, whose baggage had been lost, lodged a claim before a Spanish court, asking for compensation. More specifically, the claimants were a family of four (two adults and two children), and had stored all their personal items in t... [Read All]

Rail information on connecting trains should be available regardless of operators

European Court of Justice, case C-136/11

Article Date: 21-06-2013
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The CJEU ruled that rail infrastructure undertakings should provide information on cancellations, delays and connections to all the rail operators that run train services on their network in a non-discriminatory way (i.e. all rail operators should be able to access the information in question, so as... [Read All]
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