Posts tagged #European Law
All PostsECJ Strengthens Airline Rights
European LawIn preliminary ruling proceedings, the European Court of Justice provided an interpretative response to the inquiry submitted by the Supreme Court. The issue under consideration was whether EU air traffic control regulations are designed solely to pr...
Airline Required to Refund Commission after Cancelling Flight
European LawThe European Court of Justice (ECJ) has issued a decision regarding whether travel agencies should be reimbursed for commissions on flights that are cancelled. In the case at hand, multiple travellers had acquired return flight tickets from Austria t...
ECJ: Restrictions on Naming Athletes in Doping Cases
European LawAdvocate General Spielmann asserts that disclosing the names of athletes found in violation of anti-doping regulations does not inherently conform with European Union law. Information released following a doping incident In the initial proceedings, f...
ECJ: Applicable Law After Workplace Relocation
European LawThe European Court of Justice (ECJ) has examined which country’s labour laws should apply when an employee relocates to a different nation under their current employment contract. In the case at hand, a Luxembourg transport firm had employed a French...
ECJ: Travelling Pets are ‘Baggage’
European LawThe European Court of Justice has ruled that pets are considered baggage for the purposes of airline liability, thereby delineating the extent of airlines’ responsibility in cases of loss. In the case at hand, the plaintiff flew with her mother and h...
Package Travel Directive: ECJ Preliminary Ruling Request
European LawA Polish court has submitted questions to the Court of Justice of the European Union concerning the interpretation of Articles 14 and 3(12) of Directive (EU) 2015/2302 relating to package travel. The referral seeks to clarify the specific circumstanc...
ECJ: Travel Time Counts as Working Time
European LawThe European Court of Justice has determined that, under specific circumstances, travel time constitutes working time. This interpretation extends to situations where employees are traveling as passengers in the back seat. In this scenario, the emplo...
EU: Amazon is a 'very large online platform'
European LawThe Court of Justice of the European Union (CJEU) has rejected Amazon’s legal objection to the designation of the Amazon Store as a ‘very large online platform’ pursuant to the Digital Services Act (DSA). As a result, Amazon is required to adhere to ...
ECJ: Disabled Children’s Parents Protected from Discrimination
European LawThe European Court of Justice (ECJ) has extended its case law concerning workplace discrimination by recognizing that parents of disabled children may refer to the prohibition of indirect discrimination. Employers are required to consider the needs o...
EU Sanctions: Preliminary Ruling on Shareholders Rights
European LawThe Austrian Supreme Court (Österreichischer Oberster Gerichtshof, hereinafter OGH) has asked the European Court of Justice to rule on whether EU law allows restrictions on shareholder rights if the shareholder is controlled by a person listed under ...
EU AG Recommends Upholding EUR 4bn Fine against Google
European LawIn a decision issued on July 18, 2018, the European Commission imposed a fine of approximately EUR 4 billion on Google. The penalty was justified on the basis that Google had abused its dominant market position by enforcing anti-competitive contractu...
Consumer Protection: Unfair Contractual Terms for Athletes?
European LawThe Unfair Contract Terms Directive in consumer contracts states that contract terms concerning the main content and the price and remuneration adequacy must be drafted in plain, intelligible language, otherwise, they are considered unfair. In the ca...
CJEU: Disclosure of Personal Data by Public Authorities
European LawThe processing of personal data in the context of official documents frequently raises questions about the scope of the General Data Protection Regulation (GDPR). The CJEU once again had the opportunity to clarify the conditions and limits of lawful ...
Austrian OGH: Country of Origin Principle under E-Commerce Directive
European LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has referred a question on the E-Commerce Directive to the CJEU for a preliminary ruling. In the case at hand, the plaintiff was operating bookshops in Austria and also has an associa...
EU: Competition Potentials and Social Standards
European LawMembers of the European Parliament are calling for a more competitive European Union that prioritises social and labour standards. Key objectives include investing more in education and tackling rising housing costs. At the end of March, Members of t...
OGH: Request to CJEU for Preliminary Ruling on Streaming Services
European LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has referred the question of whether the provision of streaming services constitutes the supply of ‘digital content’ to the CJEU. The plaintiff in the case at hand is an association ...
Consumer Protection in Pro Sports: Basketball Player to Pay 1.6m?
European LawA contract clause that obliges a young athlete to pay a portion of his earnings if he becomes a professional athlete is clearly abusive. In the case at hand, the parents of the athlete, who had been a minor at the time, signed a contract with a compa...
ECJ Allows National Restrictions on Pharmaceutical Advertising
European LawThe European Court of Justice (ECJ) has ruled that Member States may, under certain conditions, allow or prohibit advertising for the purchase of prescription medicines. The case arose from a complaint by a Dutch mail-order pharmacy which offered var...
ECJ: Banks May Lose Right to Costs for Bad Customer Information
European LawThe European Court of Justice (ECJ) has ruled that banks can lose their right to contractually agreed interest and costs if they fail to meet their information obligations in consumer credit agreements. In the case at hand, a Polish consumer had assi...
EU Competition Law: Collective Actions Are Allowed
European LawThe European Court of Justice (ECJ) has ruled that national law must provide for a collective action to bring together the individual claims of victims of a cartel. National provisions that exclude collective actions for damages are contrary to EU la...
EU: New General Product Safety Regulation in Force
European LawThe new EU General Product Safety Regulation has come into force on 13 December 2024 and is a further development of the existing law on product safety. When products are offered on the Internet, new comprehensive information requirements will apply....
EU Commission Proceedings – Can TikTok Win Elections?
European LawWould Romania’s annulled presidential election have turned out differently without TikTok? The platform is under suspicion of being insufficiently active in the fight against foreign influence in elections. Therefore, the EU Commission has opened for...
EU: Interest Rate Derivatives Cartel – HSBC Fined
European LawEuro interest rate derivatives: The European General Court (GC) has confirmed the EU Commission’s revised decision against HSBC, imposing a fine of EUR 31.7 million for participating in a euro interest rate derivatives cartel. Interest rate derivativ...
CJEU: Union Citizens May Join Political Parties Abroad
European LawEU Citizenship: The European Court of Justice has ruled that denying EU citizens the right to become members of a political party when they reside in a Member State of which they are not nationals is contrary to EU law. In imposing such a condition o...
CJEU on Victim Compensation
European LawVictims of violent crime must be adequately compensated under European Union law. The European Court of Justice has ruled that the automatic exclusion of family members of a murder victim is not compatible with this requirement. Other aspects in addi...
EU: Crédit Agricole and Credit Suisse Involved in Government Bond Cartel
European LawCrédit agricole and Credit Suisse have participated in an agreement to fix US dollar denominated sovereign and government bond prices. The fine imposed by the Commission in 2021 has now been confirmed by the European Court of Justice (CJEU). In 2018,...
CJEU on Early Loan Repayment Fees
European LawThe European Court of Justice has recently ruled on a claim for the partial reimbursement of the commission paid in the event of the early repayment of a mortgage loan. In the case at hand, a consumer had taken out a mortgage for a period of 360 mont...
CJEU: Ending FIFA Transfers Penalty Rule
European LawSome of FIFA’s rules on international transfers of professional footballers are in breach of EU law. This was recently decided by the European Court of Justice (CJEU), as the rules are an unnecessary restriction on the free movement of players and co...
AI Literacy as a Key Skill in the Legal Domain: A Necessity for the Future
European LawWith the increasing integration of artificial intelligence (AI) into the legal world and public administration, AI literacy is becoming an essential skill. AI literacy means not only mastering the use of tools, but also a sound understanding of algor...
CJEU Limits Use of Meta Data
European LawThe data minimisation principle requires personal data to be ‘adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed’, according to Article 5(1)(c) of the General Data Protection Regulation (GDPR)...
CJEU on Police Access to Mobile Phone Data
European LawThe European Court of Justice has been asked to rule on the legality of police access to personal data stored on a mobile phone in the context of a criminal investigation. In the national case to be decided, the Austrian police had seized the mobile ...
Insolvent Tour Operators: CJEU Strengthens Travellers’ Rights
European LawThe Court of Justice of the European Union (CJEU) has clarified whether or not travellers are entitled to the reimbursement of payments already made to an insolvent tour operator if the claim for reimbursement arose before the opening of the insolven...
ECJ on Misleading Price Discounts in Advertising Brochures
European LawThe European Court of Justice (ECJ) has been presented with a case of practical relevance concerning the advertising of discounts and price reductions. A German discounter had advertised in its flyers percentages on price savings as well as ‘price hi...
ECJ Fines Google EUR 2.5 Bil
European LawGoogle has been found to have abused its dominant position. Therefore, the European Court of Justice (ECJ) has upheld the EUR 2.5 billion fine imposed on Google by the European Commission. In 2017, a record fine of EUR 2.4 billion had been imposed on...
GC Rules on Google AdSense Terms
European LawGoogle will not have to pay a fine after all. The Commission’s decision has been annulled by the General Court. The Commission had fined Google almost EUR 1.5 billion for including anti-competitive clauses in AdSense. Google has operated an advertisi...
GER: Can Consumer Organisations Claim Refunds?
European LawRemaining credit on festival wristbands: The extent to which consumer organisations can demand direct reimbursement for consumers in the event of unfair commercial practices has recently been considered by the German Federal Court of Justice (Bundesg...
EU: Notarising Russian Purchase Agreements in Breach of Sanctions?
European LawNotarising the purchase of real estate by an unlisted Russian company does not constitute a breach of the ‘Russia Sanctions’. The act of notarisation does not constitute a legal advisory service, according to the European Court of Justice (ECJ). A no...
EU: Android Auto Platform May Be Anti-Competitive
European LawGoogle could potentially be under an obligation to grant third parties access to its Android Auto platform. According to Advocate General, Laila Medina, Google’s outright refusal to grant access to Android Auto may be in breach of antitrust rules. Go...
CJEU on Merger Control and EU Commission Powers
European LawIn its latest ruling, the European Court of Justice (CJEU) addressed the EU Commission’s powers to control mergers. The case at hand is about the acquisition of Grail LLC, a US company active in the development of blood tests for the early detection ...
EU: Unsuccessful Ryanair Action – AUA Loan Was Legal
European LawLaudamotion and Ryanair have now definitively failed in their case brought before the European Court of Justice (hereinafter ECJ). In its latest decision, the ECJ ruled that the Covid-19 aid granted to Austrian Airlines by the Austrian government (an...
ECJ: Travellers May Sue in Court of Their Domicile
European LawConsumers travelling abroad have the right to sue their tour operator in the courts of their place of residence, the European Court of Justice (hereinafter ECJ) has ruled. This applies even if the tour operators and the consumers live in the same Mem...
EU: Insufficient Public Access to COVID-19 Vaccine Purchase Agreements
European LawThe European Commission only partially disclosed its COVID-19 vaccine purchase agreements concluded with certain vaccine manufacturers. In particular, the provisions on compensation in these contracts as well as the declarations on the absence of con...
GC: ByteDance (TikTok) Fails for good
European LawDigital Markets Act (DMA): ByteDance remains a gatekeeper. The action for annulment brought by the operator of social network TikTok has finally failed before the General Court of the European Union. The DMA is an EU regulation that has the aim of en...
CJEU: McDonald’s Loses Chicken BIG MAC Trade Mark
European LawThe Court finds that McDonald's has not demonstrated genuine use for certain goods and services for an uninterrupted period of five years BIG MAC as an EU trade mark was registered in 1996 and belongs to McDonald’s. In 2017, Supermac’s, an Irish fast...
ECJ on Collective Redundancies When Company Owners Retire
European LawThe owner of a company went into retirement, leading to collective redundancies. Under Directive 98/59/EC, business owners have an obligation to notify the competent public authorities as well as workers’ representatives of planned collective redunda...
ECJ: Can ‘Floor Clauses’ Be Challenged by Collective Action?
European LawMinimum interest clauses (‘floor clauses`) can be fully reviewed by means of a class action, the European Court of Justice (ECJ) has stated in a preliminary ruling requested by a Spanish court. A Spanish consumer protection organisation has filed a c...
ECJ: More Time for Pregnant Employees to Challenge Dismissal
European LawThe European Court of Justice (ECJ) has been asked to rule on the time frame pregnant women have to contest being dismissed, in order to comply with the EU Directive on pregnant workers (Directive 92/85/EEC). The plaintiff had been employed by the de...
OGH: Preliminary Ruling on Air Traffic Control Services
European LawThe European Court of Justice (ECJ) will soon hear a case between a plaintiff airline and the defendant Republic of Austria concerning claims for damages against the State. The plaintiff is an airline based at Vienna International Airport and uses th...
Binding Force of Refugee Status: ECJ Ruling
European LawThe European Court of Justice (ECJ) has recently ruled: Refugee status as granted by another EU country cannot be ignored. However, according to the ECJ, a Member State is not obliged to automatically recognise a refugee status granted by another Mem...
ECJ: Order Buttons Must Indicate Payment Obligation
European LawOrder buttons must be absolutely clear in their function. According to the European Court of Justice (ECJ), this means that an order button must indicate that by clicking it, a payment obligation is being created. In the case at hand, a Berlin-based ...
ECJ 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...
ECJ: Time Limits for Consumer Debt Repayment
European LawThe start of the limitation period for consumers’ claims for repayment of money owed to them under unfair contract terms has been ruled on by the European Court of Justice (ECJ). The case at hand arose out of a mortgage contract that the plaintiffs h...
EU: Booking.com Now Gatekeeper
European LawBooking.com is now a gatekeeper for online bookings. This is based on the Digital Markets Act (DMA) and was recently decided by the EU Commission. Booking.com has thus been added the list of the most important platform services. Within the next six m...
ECJ: Can Foreign EncroChat Data Be Used in Court?
European LawDecrypting EncroChat was a major step taken by security services to fight organised crime. But the question now is: Under what conditions can EncroChat data be transmitted or used in criminal proceedings that cross national borders? EncroChat is an e...
ECJ on the Loss of EU Citizenship
European LawIn its latest ruling, the European Court of Justice (ECJ) has ruled that EU law does not in principle preclude the automatic loss of German citizenship when a person regains citizenship of a third country. However, a case-by-case assessment of the co...
Stability and Growth Pact: New Rules for EU Debt
European LawNew rules for member states’ public debt and budget deficits: The EU Council of Ministers has finalised a reform of the Stability and Growth Pact (SGP). The following article briefly discusses what’s included in the reform and the new rules governing...
EU: Legislation Prohibiting Goods Produced through Forced Labor
European LawThere will be no more products from forced labor in the EU. Recent legislation, which has been approved by the European Parliament, will allow the EU to implement a ban on the sale, import, and export of goods produced through the exploitation of for...
EU: MEPs Approve the New Migration and Asylum Pact
European LawThe European Parliament has recently had a go at its new migration and asylum pact. The main aim is to reduce the burden on local authorities. Faster processing of asylum applications and swifter return procedures to the countries of origin is the ma...
ECJ Ruling on Reimbursement for Cancelled Flights
European LawThe European Court of Justice (hereinafter ECJ) has recently ruled on the question of if a passenger who has already received a voucher for the cost of an air ticket due to a cancelled flight can still claim a financial refund. A passenger had a book...
EU: Amazon Loses Legal Challenge of DSA Regulations
European LawAmazon is required to make a public ad repository publicly available online. The US online retailer recently lost its case before the European Court of Justice (hereinafter ECJ). Amazon Services Europe is part of the Amazon Group. Its business activi...
ECJ: Fingerprints on ID Cards Are Legal
European LawFingerprints can continue to be included on ID cards. This has been decided by the European Court of Justice (hereinafter ECJ). The encroachment on fundamental rights is justified. In 2021, a man applied to the German city of Wiesbaden for a new ID c...
EU Law to Better Protect Journalists
European LawThe European Parliament wants to give journalists and human rights defenders better protection against strategic lawsuits designed to silence them. This is to be implemented by means of the so-called Anti-SLAPP Directive, where SLAPP stands for ‘stra...
ECJ: Access to Harmonised Standards for All
European LawA recent European Court of Justice (ECJ) ruling has caused uncertainty. EU standards, which define how products should work, fall under EU law. Therefore, they must be freely and publicly available to EU citizens. The implications of the ruling could...
ECJ Considers Immaterial Damages under GDPR
European LawArticle 82 of the GDPR is not punitive, but compensatory. Compensation in money should be a full compensation for the actual damage suffered. The plaintiff was the purchaser of an electrical household appliance in the defendant’s store. The plaintiff...
TikTok Remains Gatekeeper – Appeal against EU Fails
European LawUnder the EU’s Digital Markets Act (DMA), ByteDance Ltd, which operates the TikTok video portal, recently applied to suspend the EU Commission’s decision to designate TikTok as a gatekeeper, but failed. The DMA is an EU regulation aimed at ensuring f...
State Aid: Unlawful COVID-19 Aid for KLM
European LawIn the legal battle over State support during the COVID-19 pandemic, Ryanair has won a victory. During the pandemic, many airlines received payments in the form of State aid. Now, once again, the European courts have had to deal with the legality of ...
EU: Instant Payments Are Here! Send Money within Seconds
European LawNo more delays of several days when transferring money. Individuals and businesses in the European Union will soon be able to receive money in a matter of seconds. This has been decided by the members of the European Parliament, paving the way for th...
ECJ: Air Passenger Rights – No Compensation after Rebooking
European LawThe European Court of Justice (ECJ) has decided whether a passenger who booked an alternative flight due to an imminent long delay is entitled to compensation under the Air Passenger Rights Regulation (261/2004). In 2019, the plaintiff booked a fligh...
ECJ: No Lifetime Storage of Biometric and Genetic Data
European LawHow long may biometric and genetic data be kept on people who have a criminal record? This was a question recently addressed by the European Court of Justice (ECJ). In Bulgaria, an individual was registered by the police as a false witness as part of...
ECJ: New Ownership in Notary’s Office – Business Transfer?
European LawCan changing the ownership of a notary’s office be considered as transferring a business? The European Court of Justice (ECJ) says yes – even if notaries are appointed as business owners by the State. In the first national case to be decided, four em...
ECJ Strikes down Austrian Comm Platform Regulation
European LawThe European Court of Justice (ECJ) has ruled that the centrepiece of Austria’s law against hate speech on the Internet, the Communications Platforms Act (Kommunikationsplattformengesetz, hereinafter KoPl-G), is contrary to EU law. Meta, Google, and ...
ECJ: Free First Copy of Patient Records
European LawThe European Court of Justice (ECJ) has ruled on the interpretation of the General Data Protection Regulation (GDPR). Patients have the right to request a first copy of their medical records free of charge. There does not have to be any reason for th...
ECJ on Pilot Pay: Equal Treatment = Unequal Treatment?
European LawAccording to the European Court of Justice (ECJ), part-time employees are unfairly disadvantaged if they have to work the same number of hours as their full-time co-workers for additional pay. This constitutes unlawful discrimination. A German pilot ...
ECJ: Compensation after Denied Boarding
European LawPassengers are entitled to compensation under the Air Passenger Rights Regulation (Regulation 261/2004) if the airline denies them boarding on a return flight, even if they do not arrive at the airport on time. This has recently been decided by, amon...
ECJ: Third-Party Liability for E-Bikes?
European LawBicycles with their e-motor only used to assist in pedalling, and a boost function that can only be activated by muscular effort do not fall within the definition of ‘vehicle’ as used in the EU’s Motor Insurance Directive. The original case before a ...
ECB: Digital Euro Prep Phase Begins
European LawFuture-proofing the currency: The European Central Bank (ECB) takes the next step towards the ‘digital euro’ alongside cash. National central banks and the ECB have been working on digital central bank money for some time. The research phase of the p...
ECJ: Right to Cancel after Free Trial Period?
European LawThe European Court of Justice (ECJ) has been asked to rule on the right of withdrawal for subscriptions to learning platforms. Subscriptions often become payable if consumers do not cancel within the free trial period. So the question comes up: Can c...
ECJ: National Courts May Advise about Cancellation Rights
European LawUnder the EU’s Package Travel Directive, travellers have a right of withdrawal in special circumstances and may be entitled to a refund of all sums paid. However, if travellers are not aware of their right to cancellation, national courts may be unde...
ECJ To Clarify Concept of Non-Material Damage under GDPR
European LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has asked the European Court of Justice (ECJ) to answer questions on the right to an injunction under EU law and the concept of immaterial damage under the GDPR. The plaintiff w...
EU Raw Material Self-Sufficiency on the Horizon
European LawElectric cars, solar panels, and smart phones – they all contain what are known as critical raw materials. However, the European Union is currently unable to source them reliably. Measures are being taken to ensure the long-term, secure supply and so...
EU: Fix – Don’t Ditch!
European LawThe EU Commission wants to introduce new consumer rights to make repairs easier and more attractive. The aim is to save resources and reduce waste. Smartphones that have to be replaced because the batteries cannot be changed will soon be a thing of t...
GER: National Legal Protection: Intra-EU Investor/State ICSID Arbitrations
European LawIn principle, national courts cannot subject ICSID arbitration proceedings to a preliminary review. However, the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has now ruled that EU Member States can claim upstream national lega...
GER: Delayed Connecting Flight: Passenger Rights
European LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has once again strengthened the rights of air passengers. If you start a flight in an EU country that involves connecting flights, you’re entitled to compensation if delayed, ev...
ECJ: Freedom to Establish Cannot Be Restricted to Ensure Supply
European LawA restriction on freedom of establishment cannot be justified by the objective of ensuring regional supply of construction materials at local level, according to the European Court of Justice (ECJ). Such regional supply does not meet the fundamental ...
The European Water Crisis
European LawOne heat record is followed by another heat record. Going forward, more needs to be done to protect and improve the EU’s water resources. For several years, drought and declining water tables have been affecting the entire surface of the EU. The impa...
Air Passenger Rights: Inadequate First Aid Is Part of the Accident
European LawThe European Court of Justice (ECJ) has ruled that where a passenger is injured on board an aircraft and subsequently receives inadequate initial medical care which results in aggravation, this constitutes a single accident under the Montreal Convent...
ECJ: German Bottle Deposit Can Be Indicated Separately
European LawThe widespread practice in German grocery stores of displaying the bottle deposit separately had been challenged by consumer protection groups. The European Court of Justice (hereinafter ECJ), however, has ruled that this practice is necessary to pro...
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...
ECJ Ruling on Car Service Licensing
European LawThe European Court of Justice (ECJ) has ruled on the limitation of the number of licences for private hire car services in the Barcelona area. However, the requirement to obtain a licence in addition to that provided for at national level may be nece...
GDPR: ECJ Clarifies Scope of Right to Information
European LawThe European Court of Justice (ECJ) has clarified the scope of the right to information under Article 15 of the General Data Protection Regulation (GDPR). Specifically, it was unclear whether the identity of employees of the controller is also covere...
New EU Directive on Wage Transparency
European LawRecent EU rules on pay transparency will be strengthening the principle of equal pay for men and women for equal work. To this end, the European Pay Transparency Directive (EU) 2023/970 has come into force on June 6, 2023. In future, companies will b...
Supply Chain Directive: EU Parliament Votes for Stricter Version
European LawAt the beginning of June, the majority of the European Parliament voted in favour of a stricter version to the EU Commission’s original legislative proposal for the Corporate Sustainability Due Diligence Directive (CSDD) – EU Supply Chain Regulation....
GER: ECJ Ruling for German Autobahn Charging Stations Requested
European LawThe legal dispute over electric fast-charging stations between providers of charging infrastructure for electric vehicles and the Federal Republic of Germany is now going to the European Court of Justice (ECJ). 200 fast-charging stations at German fr...
ECJ AG: Austrian Communications Act Contrary to EU law
European LawIn his opinion, the Advocate General (AG) of the European Court of Justice (ECJ) is of the opinion that the Austrian Communications Platforms Act, which is part of a package of laws intended to counter online hate, violates EU law. In the original pr...
ECJ: Environmental Impact Assessment Thresholds
European LawThe European Court of Justice (hereinafter ECJ) has ruled that environmental impact assessments for urban development projects do not depend exclusively on the size of such projects. EU law precludes threshold values if they are set so high that, in ...
ECJ: No Cancellation Info, No Money
European LawEven after a service has been fully provided and an invoice has been issued, the customer does not have to pay: According to the European Court of Justice (hereinafter ECJ), if a company forgets to inform their consumer about the consumer’s right of ...
BGH: No Compensation for Flights That Were Operated
European LawThe requirements listed in Art 4 para 3 of the Passenger Rights Regulation are not fulfilled if a passenger was actually transported on a scheduled flight. According to the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH), this also ...
ECJ: The Right to ‘a Copy’ under GDPR
European LawThe European Court of Justice (ECJ) has clarified that under the right to information pursuant to Article 15 of the General Data Protection Regulation (GDPR), copies of entire documents may have to be provided. In the original case, the complainant h...
ECJ: Compensation for Cancelled Flight Due to Co-Pilot’s Death
European LawThe cancellation of a flight due to the unexpected death of the co-pilot does not exempt the operating air carrier from its compensation obligation towards the passengers. This was decided by the European Court of Justice (hereinafter ECJ), citing th...
ECJ: No Transfer of Working Times Compliance to Third Parties
European LawRoad transport operators cannot discharge themselves of their responsibility for compliance with the driving and rest times of drivers by transferring this responsibility to third parties, according to a recent ruling by the European Court of Justice...
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 Rights for ‘Dieselgate’ Car Owners
European LawThe European Court of Justice (ECJ) has found: Buyers of motor vehicles equipped with illegal defeat devices are entitled to claim for compensation from vehicle manufacturers. The plaintiff in the main proceedings pending before a German court had bo...
ECJ on Mileage-Based Leasing Agreements
European LawThe Advocate General of the European Court of Justice (ECJ) has given his opinion on consumer law issues in connection with motor vehicle leasing agreements. The case at hand concerned a mileage-based leasing agreement concluded by a consumer with BM...
EU Foreign Subsidies Regulation: Combating Market Distortions
European LawOn 12 January 2023, Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022, the so-called Foreign Subsidies Regulation (hereinafter FSR) which is intended to combat distortions of the EU internal market, has enter...
Air Passenger Rights: Dead Pilot an ‘Extraordinary Circumstance’?
European LawThe Advocate General of the European Court of Justice (ECJ) has given her opinion on the question of whether the sudden death of a pilot constitutes an ‘extraordinary circumstance’ within the meaning of the Air Passenger Rights Regulation. A TAP Port...
ECJ on Aggregate Sentences for Prison Terms
European LawA criminal offence committed in another European country does not need to be treated the same as a criminal offence in a fictitious aggregate sentence before a national (in this case: German) court. According to the European Court of Justice (hereina...
ECJ Advocate General on the Montreal Convention
European LawThe Advocate General of the European Court of Justice gave opinion on questions concerning the scope of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air (hereinafter MC). The plaintiff had been a passenge...
ECJ: Italian Short-Term Leases Counter EU Law
European LawThe duty to collect information and the withholding of tax under Italian national law for short-term leases are in conformity with EU law. However, the requirement for non-residents to appoint a tax representative is not, according to the European Co...
ECJ: No Court Ruling Needed for Removal of False Google Search Info
European LawGoogle is required to delete links to websites if they contain provably false information. Anyone who wants to have entries in Google Search removed is therefore not required to first approach those responsible for putting any such information online...
ECJ on Confidentiality Protection in Public Procurement
European LawIn its most recent ruling on public procurement, the European Court of Justice (ECJ) ruled as follows: Protection of confidentiality must be weighed against the requirement of transparency and effective judicial protection. National legislation requi...
ECJ: Parts of the EU Anti-Money Laundering Directive are Invalid
European LawOn 22 November 2022, the European Court of Justice (ECJ) declared parts of the EU Anti-Money Laundering Directive to be invalid. The provision that information on beneficial owners of companies registered in the EU must be available to the general pu...
EU Commission Proposes New Product Liability Directive
European LawThe European Commission has presented its much anticipated proposal for a new product liability directive. It is intended to replace the old and outdated Product Liability Directive, the initial version of which dates back to 1985. Software is now a ...
ECJ: Psychological Injury also Compensable after Aviation Accident
European LawThe European Court of Justice (ECJ) has clarified that under Art 17(1) of the Montreal Convention (MC), psychological injuries can also give rise to compensation claims against airlines. The initial facts of the case were an incident involving a Laud...
ECJ - No Diminished Involvement after Conversion into SE
European LawIf a company under national law is converted into a European Company (societas Europaea; abbr. SE), the representation of trade unions in the composition of the supervisory board may not be decreased. If national law (in this case, German law) requir...
Artificial Intelligence Liability: Proposed EU Directive
European LawThe EU Commission has presented a draft directive to create harmonised civil liability rules on non-contractual liability for damages caused by an artificial intelligence (AI) system. Disclosure of evidence Anyone who asserts or wishes to assert a cl...
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: Data Retention vs. Quick Freeze – What Is Legal?
European Law“I talked to Lisa on the phone for 30 minutes yesterday and was logged into the Munich-Pasing radio cell.” According to the European Court of Justice (ECJ), such suspicion-independent storage of network data (so-called data retention) by the state is...
New EU Directive for Adequate Minimum Wages
European LawThe European Union is striving to improve working and living conditions for workers by creating a framework to ensure adequate minimum wages in the future without establishing a standard European minimum wage. In June 2022, the European Parliament an...
DE: ECJ Decision – Do Late Flight Arrivals Constitute Cancellation?
European LawThe Court of Justice of the European Union (ECJ) must currently decide by way of preliminary ruling to what extent compensation under the EU Passenger Rights Regulation requires a passenger’s appearance at check-in in cases where passengers know that...
Whistleblower Directive: Ready for Implementation in Austria
European LawThe Whistleblower Directive (2019/1937/EU) is being implemented in Austria. Currently, a draft bill, the Whistleblower Protection Act (HinweisgeberInnenschutzgesetz, HSchG) is available. The final decision is expected in autumn, the purpose of the Ac...
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...
Update: On the implementation of the Directive on representative actions
European LawThe European "Directive on representative actions for the protection of the collective interests of consumers and repealing" (Directive 2020/1828) of November 25, 2020 obliges member states to establish a procedure for collective redress and adequate...
ECJ: Air passenger rights in the event of a delay in a third country
European LawThe European Court of Justice (ECJ) was called upon to clarify whether the EU Air Passenger Rights Regulation also applies when a flight departs with a transfer in the EU but the delay only occurs on the second leg of the flight, which takes place in...
EU Commission: Temporary Crisis Framework for economic support
European LawThe European Commission has adopted an addition to state aid law due to Russia's invasion of Ukraine. The Temporary Crisis Framework is intended to provide new possibilities for member states to support businesses, in coordination with existing state...
DE: Government liability denied in diesel scandal
European LawThe Federal Republic of Germany is not liable in the context of the "diesel scandal" for any defective application and implementation of EU law. In the present case, the plaintiff claims official liability against the defendant Federal Republic of Ge...
DE: Preliminary ruling: Legal impact of satisfaction guarantees
European LawThe German Federal Court of Justice (Bundesgerichtshof, BGH) has asked the Court of Justice of the European Union (ECJ) to clarify, in the context of a preliminary ruling procedure, the question whether a guarantee exists when a trader grants a right...
OGH: Compensation in the case of an overbooked flight
European LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that a compensation payment pursuant to Art 7 of the Air Passenger Rights Regulation is to be applied as a benefit against further material and immaterial damages resulting from a denie...
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: Liability in case of fall on an air passenger staircase
European LawThe Advocate General at the European Court of Justice (ECJ) has explained what is meant by an "accident" according to Art 17 para 1 of the Montreal Convention (MC). The plaintiff was a passenger on a flight from Thessaloniki (Greece) to Vienna operat...
ECJ: Flight brought forward by more than 1h is considered cancelled
European LawAccording to the European Court of Justice (ECJ), a flight is already considered cancelled if it is brought forward by more than one hour. The ECJ also ruled on the question of when and how an airline informed passengers in good time of the schedulin...
ECJ Advocate General: Compensation for flight delays in the USA
European LawThe Advocate General at the European Court of Justice (ECJ) has issued clarifications regarding passengers' rights to compensation in the event of flight delays whose cause lies outside the EU. In the original dispute, three passengers had booked a f...
Update: ECJ confirms "decreasing" antitrust liability
European LawThe European Court of Justice (ECJ) had to decide whether, on the basis of the doctrine of economic unit under antitrust law, a subsidiary can also be held liable for antitrust violations of its parent company, in addition to the previous "extending"...
European Commission takes steps in the fight against financial crime
European LawWith the help of a total of four legislative proposals, the Commission seeks to improve the regulations on combating money laundering and terrorist financing. The new measures are intended in particular to mitigate the additional risks created by tec...
ECJ: passenger compensation in case of unionized pilots' strike
European LawIn the case at hand, the European Court of Justice (ECJ) made a decision diametrically opposed to the Advocate General's opinion in a relatively rare case. This was triggered by a passenger's claim for compensation under the European Air Passenger Re...
ECJ on the classification of on-call time as working time
European LawThe European Court of Justice (ECJ) has ruled that the assessment of whether on-call time is working time or rest time requires a consideration of the individual case. It thus followed the Advocate General's opinion in the case. In the present case, ...
ECJ: The right to remain silent does not justify dilatory tactics
European LawIn a reference for a preliminary ruling, the European Court of Justice (ECJ) ruled that a refusal to appear at a hearing, for example, cannot be justified by the right to remain silent. The Italian Corporate and Stock Exchange Commission fined one pe...
ECJ: Public authorities may refuse cash payment
European LawThe European Court of Justice (ECJ) has ruled that the public administration can refuse cash as a payment option for reasons of public interest. In the case at hand, two German citizens were obliged to pay the broadcasting fee. They offered the Hessi...
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...
ECJ on cancelled flights: Airline is not liable for injuries of passengers staying in hotels provided free of charge
European LawThe ECJ dealt with the question of what kind of obligation an airline has when providing hotel accommodation to guests of cancelled flights. In the present case, the flight of a passenger with reduced mobility (plaintiff) of the airline NIKI was canc...
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