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European Union

Reports

887 ingested reports from European Union in 2020. Walk years back as far as this source still publishes.

Report· XGCELEX 52020XG1218(04)open

Notification of the United Kingdom pursuant to Article 10(2) of Directive 2009/72/EC of the European Parliament and of the Council (’Electricity Directive’) concerning common rules for the internal market in electricity regarding the designation of Diamond Transmission Partners RB Limited and Diamond Transmission Partners Galloper Limited as transmission system operators in the United Kingdom 2020/C 437/08

European Union · Council of the European Union · 18 December 2020

Report· CCCELEX 62019CC0597decided

Opinion of Advocate General Szpunar delivered on 17 December 2020.#Mircom International Content Management & Consulting (M.I.C.M.) Limited v Telenet BVBA.#Request for a preliminary ruling from the Ondernemingsrechtbank Antwerpen.#Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Directive 2001/29/EC – Article 3(1) and (2) – Concept of ‘making available to the public’ – Downloading of a file containing a protected work via a peer-to-peer network and the simultaneous provision for uploading pieces of that file – Directive 2004/48/EC – Article 3(2) – Misuse of measures, procedures and remedies – Article 4 – Persons entitled to apply for the application of measures, procedures and remedies – Article 8 – Right of information – Article 13 – Concept of ‘prejudice’ – Regulation (EU) 2016/679 – Point (f) of the first subparagraph of Article 6(1) – Protection of natural persons with regard to the processing of personal data – Lawfulness of processing – Directive 2002/58/EC – Article 15(1) – Legislative measures to restrict the scope of the rights and obligations – Fundamental rights – Articles 7 and 8, Article 17(2) and the first paragraph of Article 47 of the Charter of Fundamental Rights of the European.#Case C-597/19.

European Union · Court of Justice of the European Union · 17 December 2020

Report· CCCELEX 62019CC0130decided

Opinion of Advocate General Hogan delivered on 17 December 2020.#European Court of Auditors v Karel Pinxten.#Article 286(6) TFEU – Breach of obligations arising from the office of Member of the European Court of Auditors – Deprivation of the right to a pension – Right to effective judicial protection – Regularity of the investigation by the European Anti-Fraud Office (OLAF) – Internal procedure at the Court of Auditors – Activity incompatible with the duties of a Member of the Court of Auditors – Mission expenses and daily allowances – Representation and hospitality expenses – Use of official car – Use of a driver – Conflict of interest – Proportionality of the penalty.#Case C-130/19.

European Union · Court of Justice of the European Union · 17 December 2020

Report· CCCELEX 62019CC0410decided

Opinion of Advocate General Tanchev delivered on 17 December 2020.#The Software Incubator Ltd v Computer Associates (UK) Ltd.#Request for a preliminary ruling from the Supreme Court of the United Kingdom.#Reference for a preliminary ruling – Self-employed commercial agents – Directive 86/653/EC – Article 1(2) – Definition of ‘commercial agent’ – Supply of computer software to customers by electronic means – Grant of a perpetual licence for use – Concepts of ‘sale’ and ‘goods’.#Case C-410/19.

European Union · Court of Justice of the European Union · 17 December 2020

Report· CCCELEX 62019CC0128decided

Opinion of Advocate General Tanchev delivered on 17 December 2020.#Azienda Sanitaria Provinciale di Catania v Assessorato della Salute della Regione Siciliana.#Request for a preliminary ruling from the Corte suprema di cassazione.#Reference for a preliminary ruling – State aid – Agriculture sector – Slaughtering of animals affected by infectious diseases – Compensation for farmers – Notification and standstill requirements – Article 108(3) TFEU – Concepts of ‘existing aid’ and ‘new aid’ – Regulation (EC) No 659/1999 – Exemptions by categories of aid – Regulation (EU) No 702/2014 – De minimis aid – Regulation (EU) No 1408/2013.#Case C-128/19.

European Union · Court of Justice of the European Union · 17 December 2020

Report· CCCELEX 62018CC0824decided

Opinion of Advocate General Tanchev delivered on 17 December 2020.#A.B. and Others v Krajowa Rada Sądownictwa and Others.#Request for a preliminary ruling from the Naczelny Sąd Administracyjny.#Reference for a preliminary ruling – Article 2 and the second subparagraph of Article 19(1) TEU – Rule of law – Effective judicial protection – Principle of judicial independence – Procedure for appointment to a position as judge at the Sąd Najwyższy (Supreme Court, Poland) – Appointment by the President of the Republic of Poland on the basis of a resolution emanating from the National Council of the Judiciary – Lack of independence of that council – Lack of effectiveness of the judicial remedy available against such a resolution – Judgment of the Trybunał Konstytucyjny (Constitutional Court, Poland) repealing the provision on which the referring court’s jurisdiction is based – Adoption of legislation declaring the discontinuance of pending cases by operation of law and precluding in the future any judicial remedy in such cases – Article 267 TFEU – Option and/or obligation for national courts to make a reference for a preliminary ruling and to maintain that reference – Article 4(3) TEU – Principle of sincere cooperation ‐ Primacy of EU law – Power to disapply national provisions which do not comply with EU law.#Case C-824/18.

European Union · Court of Justice of the European Union · 17 December 2020

Report· CCCELEX 62019CC0439decided

Opinion of Advocate General Szpunar delivered on 17 December 2020.#Proceedings brought by B.#Request for a preliminary ruling from the Satversmes tiesa.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Articles 5, 6 and 10 – National legislation providing for public access to personal data relating to penalty points imposed for road traffic offences – Lawfulness – Concept of ‘personal data relating to criminal convictions and offences’ – Disclosure for the purpose of improving road safety – Right of public access to official documents – Freedom of information – Reconciliation with the fundamental rights to respect for private life and to the protection of personal data – Re-use of data – Article 267 TFEU – Temporal effect of a preliminary ruling – Ability of a constitutional court of a Member State to maintain the legal effects of national legislation incompatible with EU law – Principles of primacy of EU law and of legal certainty.#Case C-439/19.

European Union · Court of Justice of the European Union · 17 December 2020

Report· CCCELEX 62019CC0709decided

Opinion of Advocate General Campos Sánchez-Bordona delivered on 17 December 2020.#Vereniging van Effectenbezitters v BP plc.#Request for a preliminary ruling from the Hoge Raad der Nederlanden.#Reference for a preliminary ruling – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 7(2) – Jurisdiction in tort, delict or quasi-delict – Place where the harmful event occurred – Damage consisting in purely financial loss.#Case C-709/19.

European Union · Court of Justice of the European Union · 17 December 2020

Report· CCCELEX 62019CC0896decided

Opinion of Advocate General Hogan delivered on 17 December 2020.#Repubblika v Il-Prim Ministru.#Request for a preliminary ruling from the Qorti Ċivili Prim’Awla - Ġurisdizzjoni Kostituzzjonali.#Reference for a preliminary ruling – Article 2 TEU – Values of the European Union – Rule of law – Article 49 TEU – Accession to the European Union – No reduction in the level of protection of the values of the European Union – Effective judicial protection – Article 19 TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Scope – Independence of the members of the judiciary of a Member State – Appointments procedure – Power of the Prime Minister – Involvement of a judicial appointments committee.#Case C-896/19.

European Union · Court of Justice of the European Union · 17 December 2020

Report· CCCELEX 62019CC0950decided

Opinion of Advocate General Campos Sánchez-Bordona delivered on 10 December 2020.#Proceedings brought by A.#Request for a preliminary ruling from the Helsingin hallinto-oikeus.#Reference for a preliminary ruling – Company law – Directive 2006/43/EC – Statutory audit of annual and consolidated accounts – Article 22a(1)(a) – Recruitment of a statutory auditor by an audited entity – Waiting period – Prohibition on taking up a key management post in the audited entity – Infringement – Gravity and duration of the infringement – Expression ‘taking up a post’ – Scope – Conclusion of an employment contract with the audited entity – Independence of statutory auditors – External appearance.#Case C-950/19.

European Union · Court of Justice of the European Union · 10 December 2020

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