Case Law

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An illustration of the Interest Rate Swap Scandal in the US: SEC v. JP Morgan

USA securities and exchange commission, case n. 3-13673-2009

Article Date: 04-11-2009
Categories: Business Law Typology: Case Law
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Interest Rate Swaps (IRSs) have emerged for having played an important part in the bankruptcies of a number of municipalities in the US during the post-crisis years. In these cases, the derivative contracts were entered into between a bank and a government entity whereby a floating rate of interest ... [Read All]

An illustration of the UK Interest Rate Swap scandal: Green & Rowley v. RBS

England and Wales court of Appeal, case A3/2013/0138

Article Date: 09-10-2013
Categories: Business Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The mis-sale of interest rate swaps (IRSs) from banks to small and medium businesses has given rise, in the years following the global financial crisis, to a brand new scandal. This has triggered, among other things, a number of legal disputes that are aptly represented by the recent case decided by... [Read All]

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

Federal Constitutional Court of Germany, case 2728/13

Article Date: 14-01-2014
Categories: Business Law Typology: Case Law
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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]

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

Article Date: 15-01-2014
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
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 addressed two key issues: in the first place, it analysed the conformity of French labour law with Dir... [Read All]

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

Article Date: 22-01-2014
Categories: Business Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
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 within EU financial markets. The legal challenge brought by the United Kingdom was in fact aimed at limi... [Read All]

Italian RTA compensation scheme consistent with EU law, CJEU rules

European Court of Justice, case C-371/12

Article Date: 23-01-2014
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 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, had brought a claim against the insurance company of the Italian driver that had caused the accide... [Read All]

Digital fingerprints may legally be used in passports

European Court of Justice, n. C-291/12

Article Date: 17-10-2013
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
Regulation n. 2252/2004 provides that passports and other travel documents released by member states include, in addition to the picture, also the holder’s fingerprints (in digital format, on a high security support). These can be used only to verify the passport’s authenticity and the h... [Read All]

Mandatory insurance must cover non-material injuries suffered by victims' family members

European Court of Justice, case C-22/12

Article Date: 24-10-2013
Categories: Family Law Typology: Case Law
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The CJEU addressed the compatibility with EU Law of the exclusion and/or limitation of certain heads of non-pecuniary damages suffered by family members of road traffic accident victims. In the first case, a Slovakian-insured motorist had caused a lethal car accident in the Czech Republic. Pursuant... [Read All]

Commercial websites as indicators of commercial activity directed at another member State

European Court of Justice, case C-218/12

Article Date: 17-10-2013
Categories: Consumer Law Typology: Case Law
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In the instant case, a French car dealer, established near the German border, had sold a car to a German customer; this latter had found the dealer’s contact details on its website, which indicated a French landline phone number and a German mobile phone number. The customer sued the dealer (... [Read All]

Tribunal of the EU declares competition notices should be in all languages

General Court, case T-126/09

Article Date: 12-09-2013
Categories: Employment Law Typology: Case Law
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In the instant case, a competition notice published on EPSO (the EU’s recruitment website) and on the official journal of the EU was challenged by the Italian Republic because it had been translated only in the three working languages (English, French and German) but not in all the other offic... [Read All]
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