Case Law

In a preliminary ruling referred by Austrian Supreme Court, the CJEU clarified that, in some circumstances, it is possible for consumers to file an action before the courts of their own country against a seller based in a different EU member state, even when the contract has not been stipulated &ldq... [Read All]

The case was referred by the German Supreme Court to the CJEU under the preliminary reference procedure, and regarded the option of gas suppliers to unilaterally change the tariffs set in consumer contracts. In the instant case, a contract clause allowed this possibility, provided that the terms an... [Read All]

The case was referred to the CJEU by a Romanian court, and concerned homophobic statements made by Mr. Becali, the “patron” of the football club “Steaua Bucarest”. In short, he had claimed that he would not hire “homosexual players”, and the club had not distanced... [Read All]

The case concerned the Italian legislation allowing mothers who wish to give their babies for adoption to deliver “anonymously” (i.e. without being mentioned on the birth certificate), pursuant to arts. 27 and 28, Law n. 184/1983 (which regulates adoptions). According to these provisions... [Read All]

The case was referred to the CJEU by a Belgian Labour Court. In the domestic proceedings, the applicant was Mr. Las, a Dutch national who had been hired by a Singapore-based company for a position based in Belgium (more precisely in Antwerp, Flanders –the Dutch speaking part of Belgium; althou... [Read All]

The case was referred to the CJEU by the German Supreme Court (Bundesgerichtshof), and concerned an Air France passenger who had flown from Germany to Asuncion (Paraguay) via Paris and Sao Paulo. Her first plane from Germany to Paris departed two and a half hours late; thus, she missed her connectin... [Read All]

In this judgment, the Court of Justice of the European Union held the legitimacy of the adoption of  Council Decision 2011/167/EU, which authorizes the use of the “enhanced cooperation” procedure regulated by art. 20 TEU and arts. 320-334  TFEU to enact the legislative instrume... [Read All]

Abstract 1. The systematic deficiencies of employment termination by the employer in China related to the reasons for termination, termination notice and responsibilities for wrongful termination. (Article published on Tuesday 16.04.2013) 2. The reasons underlying the employment termination by ... [Read All]

The case was referred to the CJEU by the High Court of England and Wales and concerns the provision of a service of  “catch up”, or “rebroadcasting”, of recent TV programmes via the internet. The service was provided by the company TV Catchup Ltd (hereafter: “TVC&r... [Read All]

In this judgment, the CJEU considered a case referred by the Spanish Juzgado de lo mercantil n°3 de Barcelona. In the domestic proceedings, Mr. Aziz, the applicant, had stipulated a mortgage agreement with the Bank Catalunyacaixa to purchase a home. After failing to pay an installment, a reposse... [Read All]