Case Law

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The recovery of incompatible State aid and the principle of cooperation in good faith: the “Mediaset case”

European Court of Justice, C-69/13

Article Date: 13-02-2014
Categories: Business Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
EU primary law provides that State aid granted by a Member State must not distort competition or trade inside the EU. The Commission is in charge of ensuring that the State aid complies with EU law. If the Commission rules that a State aid is unlawful, they will instruct the specific Member State to... [Read All]

European Court of Justice, case C-378/12

Article Date: 16-01-2014
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
JUDGMENT OF THE COURT (Second Chamber) 16 January 2014 (*) (Request for a preliminary ruling – Directive 2004/38/EC – Article 16(2) and (3) – Right of permanent residence of third-country nationals who are family members of a Union citizen – Taking into consideration of per... [Read All]

European Court of Justice, case C-400/12

Article Date: 16-01-2014
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
JUDGMENT OF THE COURT (Second Chamber) 16 January 2014 (*) (Request for a preliminary ruling – Directive 2004/38/EC – Article 28(3)(a) – Protection against expulsion – Method for calculating the 10-year period – Whether periods of imprisonment are to be taken into acc... [Read All]

Professional experience gained in another Member State should be taken into account

European Court of Justice, case C‑514/12

Article Date: 05-12-2013
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
While the Court of Justice took no major step forward in its long-settled jurisprudence on free movement of workers, its judgment in case C-514/12 is still very interesting due to the current south-to-north migration waves within the EU and the relevant peril of nationality-based discrimination. The... [Read All]

Excluding a female worker on compulsory maternity leave from a training course violates EU law

European Court of Justice, case C‑595/12

Article Date: 06-03-2014
Categories: Employment Law Family Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
Tackling discrimination on grounds of sex and reconciling professional and family life are two of the main goals of EU legislation and EU policy in general. In this regard, it is of major importance to safeguard the employment protection of women on maternity leave and to ensure that they face no de... [Read All]

Hyperlinking to freely available content does not infringe copyright

European Court of Justice, Case C-466/12

Article Date: 13-02-2014
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
Could you imagine if every time you wanted to post a link to a cool newspaper article or a youtube VEVO video on your blog you had to obtain a license from the content's rights holders, or else be liable for copyright infringement? Well, for the time being you don't have to worry about it, a... [Read All]

Equal benefits for same-sex civil partnerships

European Court of Justice, Case C-267/12

Article Date: 12-12-2013
Categories: Employment Law Family Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
In a recent judgment, issued the 12th of December 2013, the CJEU ruled that a national collective agreement, which excludes same-sex couples from certain employment benefits available for married couples, where marriage is not possible for homosexual couples, constitutes direct discrimination and th... [Read All]

Compensation for unfairly dismissed workers on part-time parental leave should be based on full salary

European Court of Justice, case C-588/12

Article Date: 27-02-2014
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
In the instant case, the CJEU considered whether the Belgian legislation on unfair dismissal of workers during part-time parental leave was consistent with EU Law -particularly with clauses 1 and 2.4 of the Framework Agreement on parental leave, concluded on 14 December 1995, which is set out i... [Read All]

Jurisdiction in defective products liability claims: CJEU clarifies interpretation of art. 5 (3) of Regulation 44/2001

European Court of Justice, case C-45/13

Article Date: 16-01-2014
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 Austrian Supreme Court, and addresses the interpretation of art. 5 (3) of Regulation 44/2001, which pertains to jurisdiction in claims for damages caused by defective products. In the domestic proceedings, the claimant sought to recover the damages arising f... [Read All]

Right of residence in a Member State of a third-country national: concept of dependant within the meaning of Directive 2004/38

European Court of Justice, case C-423/12

Article Date: 16-01-2014
Categories: Family Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The case of Reyes, concerning the concept of 'dependant' under Article 2(2)(c) of Directive 2004/38, was referred by the Swedish Kammerrätten i Stockholm, Migrationsöverdomstolen – the Administrative Court of Appeal for Immigration matters. Specifically, the CJEU was asked to... [Read All]
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