In an interesting and important decision of the Court of Justice of the EU, sitting as a Grand Chamber in Commission v Malta (Citizenship by Investment) [2024] EUECJ C-181/23, the Court has found that Malta’s 2020 ‘investor citizenship’ scheme is incompatible with EU law, in particular with the principle of sincere cooperation enshrined in article 4(3) of the Treaty on European Union (‘TEU’) by which ‘the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties’, and citizenship of the Union at Article 20 of the Treaty on the Functioning of the European Union (‘TFEU’).
Incompatible
Rowing nowhere? Long awaited IPEC judgment confirms UK law on works of artistic craftsmanship is incompatible with EU law – Go Health Pro
The long-awaited and much anticipated judgment of the Intellectual Property Enterprise Court (“IPEC”) in Waterrower (UK) Limited v Liking Limited (t/a TOPIOM) [2024] EWHC 2086 (“WaterRower”) was finally handed down last month. IP practitioners and the wider design community have been eagerly awaiting the decision as it was expected to be the first UK decision … Read more
States’ International Obligation(s) to Repeal Domestic Legislations Incompatible with the European Convention on Human Rights – EJIL: Talk! – Go Health Pro
On 22 October 2024 the European Court of Human Rights (ECtHR or ‘the Court’) issued a landmark judgment in the case of Kobaliya and Others v. Russia. It found that the Russian legislation on ‘foreign agents’ – imposing huge restrictions on the rights of Russian non-governmental organisations, media organisations and individuals designated as ‘foreign agents’ … Read more