Posts tagged #EU
All PostsECJ on Airport Understaffing and Compensation Payments
European LawThe European Court of Justice (ECJ) has ruled that an airline is not obliged to pay compensation if it delays loading baggage because of staff shortages. It all began with a Touristic Aviation Services Ltd. (Corendon Airlines Europe) flight from Colo...
OGH: News on Holiday Leave Limitation
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that holiday leave cannot be time-barred if employers do not fulfil their duty to notify and urge employees to take their leave. The plaintiff had been employed by the d...
EU Regulation in the Pipeline: Rules for Safe and Transparent AI
European LawAfter two years of negotiations, the European Parliament has adopted the compromise text of the Artificial Intelligence (AI) Regulation on 14 June. The next steps will now be to hold discussions with EU Member States on the final form of the law. The...
EU: New Supply Chain Regulation to Stop Deforestation
European LawIn future, the EU only wants imported products for which forests have been neither degraded nor deforested. The new EU regulation for deforestation-free supply chains adopted by the EU Parliament on 19 April 2023 imposes precisely such a verification...
ECJ: Compensation for Flight Delays
European LawThe European Court of Justice (ECJ) has ruled that national bodies responsible for enforcing Air Passenger Rights Regulation (EC) 261/2004 may be authorised by a Member State to require airlines to compensate passengers for delayed flights. However, ...
ECJ: Lawyers’ Pension Scheme Partly Contrary to EU Law
European LawThe European Court of Justice (ECJ) has declared the requirements for early retirement pensions for lawyers to be partly contrary to EU law. The original litigation concerned a German-Polish lawyer who worked in Germany, Switzerland, and Austria. In ...
ECJ: Without a realistic terrorist threat, passenger data is taboo
European LawThe European Court of Justice (ECJ) has ruled: The permission to process and transfer so-called PNR data (Passenger Name Record) for flights crossing an external EU border is to be interpreted very narrowly. Without a current and real terrorist threa...
EU Changes Requirements for Sanctions Enforcement
Public LawIn connection with the Russia sanctions, the European Union has recently imposed stricter requirements on member states regarding the enforcement of sanctions and the punishment of sanctions violations. Art 8 (1) of Regulation 833/2014 as amended and...
BMJ: Corporate Digitization Act under Review
Corporate LawThe Austrian Federal Ministry of Justice (Bundesministerium für Justiz, BMJ) has submitted the Company Law Digitization Act for review which is designed to implement European Company Law Digitization Directive 2019/1151. When establishing a GmbH (pri...
ECJ: Applicability of the Air Passenger Rights Regulation for stopovers in EU
European LawThe European Court of Justice (ECJ) has ruled that the EU Passenger Rights Regulation (Regulation No. 261/2004) does not apply if a flight is operated with an EU airline, but a landing at an airport in the EU is merely a stopover of a journey from on...
ECJ - Air passenger rights: Compensation in case of group strike
The European Court of Justice (ECJ) handled the question of whether a strike by the cabin crew of a subsidiary company in solidarity with the striking staff of the parent company is to be considered an "extraordinary circumstance" under Article 5 par...
ECJ: Rest breaks as working time in the case of rapid readiness for work
The European Court of Justice (ECJ) handled the interpretation of Art 2 of Directive 2003/88 in connection with whether rest breaks are to be regarded as working time if the worker must be ready for work within two minutes during the breaks. In the c...
Fiscal Council Adjustment Act 2021 under review
With the submitted bill on the Fiscal Council Adjustment Act 2021 (Fiskalratsanpassungsgesetz, FRAG 2021), the government intends to comply with the EU Council Recommendation 2016/C 349/01 by creating an Austrian Productivity Council. The amendment i...
OGH refers 1st COVID-19-JuBG to ECJ
The Austrian Supreme Court (Oberster Gerichtshof, OGH) referred the question to the European Court of Justice (ECJ) for a preliminary ruling whether the interruption of all procedural time limits pursuant to Sec. 1 (1) of the 1st COVID-19 Accompanyin...
ECJ: Internet tariffs with unlimited data consumption for certain apps violate net neutrality
European LawFor the first time, the European Court of Justice (ECJ) is addressing the question of whether Internet tariffs that do not include data consumption for certain applications in the tariff-agreed volume violate the open nature of the Internet (net neut...
EU Commission extends EU State aid regulations and carries out adjustments
The European Commission has decided to extend EU State aid regulations, set to expire at the end of 2020, by one to three years and to make adjustments to cushion the impact of COVID-19. The background to these extensions is the aptitude tests carrie...
Opinion of the ECB on amendments to the Union prudential framework in response to the COVID-19 pandemic
The European Central Bank (ECB) received a request to submit a proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) No 575/2013 (Capital Requirements Regulation) and (EU) 2019/876 (Regulation amending the ...
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