Case Law

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Advocate General of CJEU: purchase of government bonds (OMTs) by the ECB in line with EU law

Article Date: 29-01-2015
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
A little less than one year ago Germany’s Federal Constitutional Court made its very first reference to the CJEU under Art. 267 TFEU: the German Court challenged back then the legality of the Outright Monetary Transactions (OMT) programme announced by the ECB in a press release in September 20... [Read All]

An illegally staying third-country national employee falls within the scope of Directive 80/987

Article Date: 26-01-2015
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
Under Dutch legislation a third-country national without a valid residence permit is considered an employee and is entitled to a pay from the employer. To the contrary, such an employee who is not residing legally in the Netherlands is excluded from the insolvency benefit, which is provided for purs... [Read All]

Setting the maximum recruitment age for police officers at 30 years does not comply with EU law

Article Date: 19-01-2015
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
This request for a preliminary ruling, referred to the Court of Justice of the European Union by a Spanish court, concerned the maximum age limit imposed for the recruitment of police officers. According to the legislation of the Principality of Asturias, which was consequently followed by a respect... [Read All]

Secondary insolvency procedures may be brought in the Member State where a company has its main seat

Article Date: 22-12-2014
Categories: Business Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
In the instant case, the Brussels Court of Appeal referred a preliminary ruling to the CJEU regarding the interpretation of Regulation 1346/2000 on cross-border insolvency. In the domestic proceedings, the claim had been brought by an Italian company, which had a credit (for unpaid invoices) towards... [Read All]

Under certain circumstances the use of successive fixed-term contracts to recruit university lecturers is compatible with EU law

Article Date: 27-11-2014
Categories: Contract Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
It is quite common within various EU member states, that teaching personnel at universities and colleges is employed on successive fixed-term contracts. Do such practices comply with EU law and, in particular, with Directive 1999/70/EC? That was the main question referred to CJEU in case C-190/13. ... [Read All]

Member States may not impose conditions other than those listed by EU Law to grant study visas to third country nationals

Article Date: 10-09-2014
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The case was referred to the CJEU by the Verwaltungsgericht Berlin (Berlin Administrative Court). The original proceedings were brought by a Tunisian citizen, who had been denied a study visa by the German authorities and had challenged the decision. The applicant was a German-born Tunisian citizen... [Read All]

CJEU clarifies criteria to obtain treatment abroad under Regulation 71/1408/EEC

Article Date: 09-10-2014
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The case was referred to the CJEU by a Romanian court, and concerned the reimbursement of medical treatment obtained abroad pursuant to Regulation 71/1408/EEC. The instrument in question prescribes (art.22) that workers shall obtain a refund of said expenses when, in light of their health conditions... [Read All]

Member States may not impose conditions other than those listed by EU Law to grant study visas to third country nationals

Article Date: 10-09-2014
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The case was referred to the CJEU by the Verwaltungsgericht Berlin (Berlin Administrative Court). The original proceedings were brought by a Tunisian citizen, who had been denied a study visa by the German authorities and had challenged the decision. The applicant was a German-born Tunisian citizen... [Read All]

The CJEU confirms a "right to be forgotten" in EU data protection law

The Google Spain Case

Article Date: 13-05-2014
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The issue of “digital forgetting” has been discussed for many years within the general plan to modernize data protection law and bring the data protection rules from “digital stone age” to today’s reality. The new General Data Protection Regulation proposed by the Europ... [Read All]

CJEU upholds returning law school graduates’ right to qualify as practitioners in different member states to “bypass” home state

Article Date: 17-07-2014
Categories: Business Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
This case addresses a common practice among aspiring Italian lawyers, who allegedly “bypass” some “harsh” features of the Italian route to qualifying for the practice of law in Italy by obtaining a foreign qualification and then return to their home country without having to ... [Read All]
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