Justice

The Court of Justice decidedly jumps on the procurement protectionism bandwagon, creating legal uncertainty along the way (C‑652/22) — How to Crack a Nut – Go Health Pro

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The Court of Justice decidedly jumps on the procurement protectionism bandwagon, creating legal uncertainty along the way (C‑652/22) — How to Crack a Nut – Go Health Pro

By falling just short of mandating a complete ban on access to EU procurement by third-country economic operators not covered by international agreements, in Kolin Inşaat Turizm Sanayi ve Ticaret (C-652/22) (‘Kolin’), the Court of Justice has suddenly crystallised a change in EU procurement-related trade policy. Kolin will have many, and potentially quite problematic, practical … Read more

Expanding the implied license into the analogue: The German Federal Court of Justice on interior design choices and their copyright consequences – Go Health Pro

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Expanding the implied license into the analogue: The German Federal Court of Justice on interior design choices and their copyright consequences – Go Health Pro

Image by Vincent Ciro from Pixabay On 11 September 2024, the German Federal Court of Justice (BGH) had to decide on the question of whether photos or videos shared online featuring in their background a photo wallpaper protected by copyright are lawful under an implied license, or if an express authorization of such reproductions is … Read more

Court of Justice ruling extends right to family reunification for refugee minors – Go Health Pro

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Court of Justice ruling extends right to family reunification for refugee minors – Go Health Pro

Chiara De Capitani (PhD) is a linguist agent at the European Commission and member of Amnesty International Belgique francophone’s Sexual Orientation and Gender Identity (OSIG) coordination. The views, thoughts and opinions expressed in this paper are solely that of the author and do not necessarily reflect the views, policy or opinion of the European Commission … Read more

Transposing Directives no longer so discretionary! The Court of Justice forces transposition of discretionary exclusion grounds and hints at ‘intra-State’ vertical direct effect (C‑66/22) — How to Crack a Nut – Go Health Pro

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Transposing Directives no longer so discretionary! The Court of Justice forces transposition of discretionary exclusion grounds and hints at ‘intra-State’ vertical direct effect (C‑66/22) — How to Crack a Nut – Go Health Pro

** This comment was first published as an Op-Ed for EU Law Live on 8 December 2022 (see formatted version). I am reposting it here in case of broader interest. ** On the face of it, in Infraestruturas de Portugal and Futrifer Indústrias Ferroviárias (C-66/22), the Court of Justice had to assess whether Member States … Read more

Op-Ed: “The poisoned Apple: is the Court of Justice seeking Justice through legal Misinterpretation?” – Go Health Pro

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Op-Ed: “The poisoned Apple: is the Court of Justice seeking Justice through legal Misinterpretation?” – Go Health Pro

This is the first Op-Ed of a Symposium on the Apple State Aid case ( C‑465/20 P). More Op-Eds will follow soon in EU Law Live.   The recent final ruling on the Apple State-Aid case surprised many commentators, including this author, who trusted the Court of Justice of the European Union (‘the Court’) would be a … Read more

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