This judgment concerns the interpretation of Directive 2019/1023 on restructuring and insolvency, particularly regarding discharge of debt provisions. The essence of the judgment is that it clarifies how Member States can implement derogations from debt discharge rules. The Court ruled that while Member States have discretion to restrict access to debt discharge beyond what's explicitly…
This judgment concerns the interpretation of EU consumer protection law, specifically regarding unfair terms in consumer contracts and the principle of res judicata (finality of court decisions). The case arose from a dispute between a debt collection company and a consumer in Romania regarding unfair terms in a credit agreement.The judgment's structure consists of three…
This judgment concerns the admissibility of a preliminary ruling request from a Polish Supreme Court judge regarding judicial independence requirements. The key aspects are:The case originated from competition law fines imposed on several companies in Poland. During the proceedings, one company challenged the independence of a judge appointed based on a resolution of the new…
The judgment concerns the interpretation of EU legislation regarding compensation to victims of violent intentional crimes, specifically in cases of homicide. Here are the key points:Essence of the act: The Court ruled on whether EU law allows Member States to establish a tiered compensation scheme that excludes certain family members from receiving compensation based solely…
Essence of the Act This is a comprehensive technical regulation updating the EU's control list of dual-use items (items that can be used for both civilian and military purposes). The regulation specifically modifies Annex I of Regulation (EU) 2021/821, providing detailed technical specifications and control parameters for various sensitive materials, equipment, and technologies. It represents…
This Directive aims to streamline and simplify reporting requirements across several EU directives related to food safety, outdoor noise, healthcare, and radio equipment. It modifies four existing directives to reduce administrative burdens while maintaining policy objectives, targeting a 25% reduction in reporting requirements.The Directive's structure includes amendments to four key EU directives:Directive 1999/2/EC on food…
This Directive amends ten existing EU Directives related to product safety and conformity assessment to establish emergency procedures during internal market crises. The key aspects include:The Directive introduces new provisions for crisis situations when certain goods are designated as 'crisis-relevant'. It establishes procedures for expedited conformity assessment and market access for such goods during an…
The Internal Market Emergency and Resilience Act (IMERA) establishes a comprehensive framework for anticipating, preparing for and responding to crises affecting the EU internal market. It aims to safeguard the free movement of goods, services and persons, ensure availability of critical goods and services, and prevent disruptions to the internal market during emergencies. The Act…
This Regulation amends several EU regulations to establish emergency procedures for product conformity assessment and market surveillance during internal market emergencies. The key aspects include:The Regulation introduces changes to six existing EU regulations covering construction products, cableway installations, personal protective equipment, gas appliances, general product safety, and machinery to enable faster market access for crisis-relevant…
The President established the Novovasylivka Settlement Military Administration in the Melitopol District of Zaporizhzhia Oblast. The military administration will replace the local self-government body for the period of martial law. The General Staff of the Armed Forces of Ukraine and the Zaporizhzhia Regional State Administration shall ensure the commencement of its work.
Review of each of…
**Case No. 991/4164/23 dated 31/10/2024**
**Subject of Dispute:** Appeal against the decision of the High Anti-Corruption Court in a case where the defendant is PERSON_1.
**Main Arguments of the Court:** The Appeals Chamber of the High Anti-Corruption Court, after reviewing the appeal by attorney Shpak V.I., concluded that there are no grounds for its satisfaction and that…
1. INDIVIDUAL_1 challenged the decision of the High Council of Justice to deny his claims.
2. The plaintiff, INDIVIDUAL_1, requested the annulment of the decision of the High Council of Justice, while the defendant, the High Council of Justice, defended the legality of its decision.
3. The courts of previous instances denied INDIVIDUAL_1's claim and upheld the…
December 5, 2018, and the three-year period for filing an application for review based on newly discovered circumstances ended on December 5, 2021; since the application was submitted in July 2024.
Appeal Against the Inaction of the High Qualification Commission of Judges of Ukraine (HQCJ) Regarding the Non-Consideration of Judge PERSON_1's Application for the Dismissal of Commission Member PERSON_2 Due to Gross Negligence of Duties.
2. The parties in the case were Judge PERSON_1, who believed that the HQCJ violated her rights by not properly considering her…
Higher Qualification Commission of Judges of Ukraine, recognition of its inaction as unlawful, and obligation of the Commission to perform certain actions.
The parties in the case were the plaintiff, INDIVIDUAL_1, who demanded the annulment of the Commission's acts and to compel it to act, and the defendant, the Higher Qualification Commission of Judges of Ukraine,…
The subject of the dispute was the **nullification of the results of a state procurement and the contract for the capital repair of a military canteen** in the city of Poltava.
The prosecution, in the interest of the **Ministry of Defense of Ukraine**, claimed that the procurement was conducted **with violations**, while the defendants — the…
EU Legislation Analysis
Commission Implementing Regulation (EU) 2024/2776
This regulation amends the notification forms used in the EU merger control process to correct inaccuracies and ensure consistency with Council Regulation (EC) No 139/2004. Key amendments include updates to definitions, formats, and requirements, particularly regarding "affected markets" and electronic submissions. These adjustments improve clarity and transparency in…
On the Implementation of the Management and Control System for Interreg and Interreg NEXT Programs
This act regulates the functioning of the management and control system for cross-border and transnational cooperation programs Interreg and Interreg NEXT, implemented by Ukraine in cooperation with the EU. The resolution defines the distribution of functions between state bodies and…
[Case No. 240/15899/20 dated 28/10/2024](https://reyestr.court.gov.ua/Review/122668685)
**The courts established** that documents confirming the violation of rights were not attached, and that the **Ministry of Justice should have denied** the complaint based on points 1 and 7 of part eight of Article 34 of Law No. 755.
3. **Court Decision**: The Supreme Court **dismissed the cassation appeal** of the…
Appeal Against the Decree of the President of Ukraine on the Application of Sanctions Against INDIVIDUAL_1. The parties in the case were INDIVIDUAL_1, who contested the legality of the sanctions applied to him, and President of Ukraine Volodymyr Zelensky, who defended the legitimacy of his decree.
The court of first instance left the lawsuit without consideration…