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    ECHR decisions, EU legislation (important)

    CASE OF FADEYEVA AND OTHERS v. RUSSIA

    The European Court of Human Rights (ECHR) delivered a judgment concerning 15 applications against Russia related to disproportionate measures taken against organizers and participants of public assemblies, including anti-war rallies and protests in support of Alexei Navalny.The Court found violations of Article 11 of the Convention (freedom of assembly) in all cases, determining that the…
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    ECHR decisions, EU legislation (important)

    CASE OF SHEMYAKIN AND OTHERS v. UKRAINE

    This judgment concerns eight applications against Ukraine regarding excessive length of civil proceedings and lack of effective remedies. The European Court of Human Rights found violations of Article 6 § 1 and Article 13 of the Convention in all cases.The Court examined eight separate cases jointly due to their similar subject matter. The cases involved…
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    ECHR decisions, EU legislation (important)

    CASE OF BALCAN AND ROMAȘCU v. THE REPUBLIC OF MOLDOVA

    The case concerns complaints by two Moldovan citizens (Balcan and Romașcu) regarding non-enforcement or delayed enforcement of domestic court decisions in their favor concerning allocation of social housing, as well as the lack of effective remedies in domestic law. The Court found violations of Article 6 § 1 of the Convention and Article 1 of…
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    Court practice (Ukraine)

    Review of Ukrainian Supreme Court’s decisions for 17/01/2025

    Case No. 756/5368/19 dated 08/01/2025 The court, when rendering its decision, was guided by the fact that the plaintiff did not participate in the apartment privatization and did not acquire ownership rights to its part, as the donation agreement was declared invalid. Therefore, she does not have a legally protected interest in amending the property ownership…
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    Ukrainian law bills

    Review of Draft Laws as of 17/01/2025 1. Draft Law No. 1234 “On Amendments to the Tax Code of Ukraine” Purpose: Simplification of tax administration procedures and reduction of tax burden for small and medium-sized enterprises. Key provisions: – Reduction of single tax rates for individual entrepreneurs – Expansion of tax benefits for innovative businesses – Simplification of reporting procedures – Introduction of electronic tax declaration system 2. Draft Law No. 5678 “On Cybersecurity and Digital Infrastructure Protection” Purpose: Strengthening national cybersecurity mechanisms and protecting critical information infrastructure. Key provisions: – Establishment of national cybersecurity standards – Creation of specialized cybersecurity response center – Regulation of digital infrastructure protection measures – Defining responsibilities of state and private entities in cybersecurity 3. Draft Law No. 9012 “On Environmental Protection and Sustainable Development” Purpose: Implementing comprehensive environmental protection mechanisms and promoting sustainable development. Key provisions: – Introduction of stricter environmental standards – Incentives for renewable energy development – Mechanisms for carbon emissions reduction – Support for ecological innovations and green technologies

    12 Draft Laws Registered: 12245-P3 Draft Resolution on Cancellation of the Verkhovna Rada of Ukraine Decision from 16.01.2025 on Adoption in the Second Reading and in General of the Draft Law "On Amendments to the Budget Code of Ukraine Regarding Updating and Improving Certain Provisions" (Reg. No. 12245 from 25.11.2024) Initiative Subject: People's Deputy of Ukraine 12245-P2 Draft…
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    EU legislation (detailed)

    Review of the EU legislation for 17/01/2025

    Based on the provided legal acts, here is a comprehensive review of their content: Fisheries Closures: Multiple regulations establish fishing closures for different species and areas: - Belgian vessels banned from fishing plaice in areas 7h, 7j, 7k - Spanish vessels prohibited from catching undulate ray in zone 9 - Irish vessels restricted from haddock fishing in waters 6b,…
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    EU legislation (general), EU legislation (important)

    Judgment of the Court (Tenth Chamber) of 16 January 2025.Scai Srl v Regione Campania.Reference for a preliminary ruling – Recovery of unlawful and incompatible aid – Regulation (EU) 2015/1589 – Article 16 – Beneficiary of individual aid identified in the European Commission recovery decision – Implementation of the recovery decision – Transfer of the aid to another undertaking after the recovery decision – Economic continuity – Assessment – Competent authority – Extension of the recovery obligation to the actual beneficiary – Audi alteram partem rule – Articles 41 and 47 of the Charter of Fundamental Rights of the European Union.Case C-588/23.

    This judgment concerns the interpretation of EU law regarding recovery of unlawful state aid in cases where the aid beneficiary transfers its activities to another company after the recovery decision.The key points of the judgment are:1. When implementing a Commission decision ordering recovery of unlawful state aid, national authorities can order recovery from companies other…
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    EU legislation (general), EU legislation (important)

    Judgment of the Court (Seventh Chamber) of 16 January 2025.Flightright GmbH v Etihad Airways P.J.S.C.Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 8(1)(a) – Right to reimbursement of the cost of the airline ticket in the event of cancellation of a flight – Choice between reimbursement in money or in travel vouchers – Article 7(3) – Concept of the ‘signed agreement of the passenger’ – Loyalty account set up by the passenger on the air carrier’s website.Case C-642/23.

    This judgment concerns the interpretation of passenger rights under EU Regulation 261/2004 regarding flight cancellations and ticket reimbursement methods. The Court clarifies when an airline can reimburse passengers with travel vouchers instead of cash.The judgment consists of two main parts: first, analysis of the concept of 'signed agreement' for voucher reimbursement, and second, examination of…
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    EU legislation (general), EU legislation (important)

    Judgment of the Court (Fifth Chamber) of 16 January 2025.SIA ,,BALTIC CONTAINER TERMINAL” v Valsts ieņēmumu dienests.Reference for a preliminary ruling – Customs Union – Regulation (EU) No 952/2013 – Union Customs Code – Delegated Regulation (EU) 2015/2446 – Implementing Regulation (EU) 2015/2447 – Free zones – Change of customs status of non-Union goods to Union goods – Records of the holder of an authorisation to carry on activities in a free zone – Legitimate expectations – Res judicata.Case C-376/23.

    This judgment concerns the interpretation of EU customs legislation regarding free zones and record-keeping obligations. The key aspects are:The case deals with the obligations of companies operating in free zones regarding record-keeping of goods and verification of their customs status. The Court analyzed whether companies must include specific reference numbers (MRNs) in their records when…
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    EU legislation (general), EU legislation (important)

    Judgment of the Court (Fifth Chamber) of 16 January 2025.E. P. v Ministarstvo financija Republike Hrvatske, Samostalni sektor za drugostupanjski upravni postupak.Reference for a preliminary ruling – Citizenship of the Union – Article 21(1) TFEU – Right to move and reside freely within the territory of the Member States – Tax legislation – Income tax – Calculation of the amount of the basic personal allowance for a dependent child who has received mobility support for educational purposes in the context of the Erasmus+ programme – Regulation (EU) No 1288/2013 – Taxation of grants to support the mobility of individuals covered by that regulation – Restriction on freedom of movement – Proportionality.Case C-277/23.

    This judgment concerns the interpretation of EU law regarding taxation of Erasmus+ mobility support and its impact on tax benefits for parents of students participating in the program. Here are the key points:Essence of the act: The Court ruled that EU member states cannot include Erasmus+ mobility support received by students when calculating their parents'…
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    EU legislation (general), EU legislation (important)

    Judgment of the Court (Fourth Chamber) of 16 January 2025.Sofiyska gradska prokuratura v VB.Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/343 – Right to be present at the trial – Article 8(2) – Trial resulting in a decision imposing a conviction in absentia or a decision of acquittal in absentia – Conditions – Article 8(4) – Obligation to inform the person tried in absentia of the legal remedies available – Article 9 – Right to a new trial or to another legal remedy which allows a fresh determination of the merits of the case and which may lead to the original decision being reversed – Article 10(1) – Right to an effective remedy – National legislation making the recognition of the right to a new trial subject to the submission of a request to reopen criminal proceedings to a judicial authority before which the person tried in absentia must appear.Case C-400/23.

    This judgment concerns the interpretation of Directive 2016/343 regarding the right to be present at criminal trials and rights of persons convicted in absentia. The key provisions analyzed are:1. The Court clarifies that when a person is convicted in absentia without meeting conditions in Article 8(2), Member States can require them to request a new…
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    EU legislation (general), EU legislation (important)

    Judgment of the Court (Fourth Chamber) of 16 January 2025.Banco Santander SA, venant aux droits de Banco Banif SA v Asociación de Consumidores y Usuarios de Servicios Generales-Auge, en représentation de ses associés : Andrea y Alberto.Reference for a preliminary ruling – Markets in financial instruments – Directive 2004/39/EC – Article 52(2) – Action brought in the interests of consumers – Consumer organisations having a legitimate interest in protecting consumers – Standing to bring legal proceedings to defend the individual interests of their members – Loss of standing in the case of investments in high-value financial products – Exemption from court fees and from the obligation to pay the costs incurred by the opposing party – Procedural autonomy – Principle of effectiveness.Case C-346/23.

    This judgment concerns the interpretation of Article 52(2) of Directive 2004/39/EC on markets in financial instruments and consumer protection rights.The essence of the act in 3-5 sentences: The Court ruled on whether consumer organizations can represent individual members in financial disputes regardless of the members' wealth or investment amounts. It established that while Member States…
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    EU legislation (general), EU legislation (important)

    Commission Implementing Regulation (EU) 2025/61 of 15 January 2025 imposing a definitive countervailing duty on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in the People’s Republic of China following an expiry review pursuant to Article 18 of Regulation (EU) 2016/1037 of the European Parliament and of the Council

    This regulation imposes definitive countervailing duties on imports of certain pneumatic tyres from China, both new and retreaded, used for buses or lorries with a load index exceeding 121.The regulation's structure includes sections on: procedure and previous investigations, product definition and market segmentation, analysis of subsidization practices in China, injury assessment of the EU industry,…
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    EU legislation (general), EU legislation (important)

    Commission Implementing Regulation (EU) 2025/58 of 15 January 2025 imposing a definitive anti-dumping duty on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council

    This regulation imposes definitive anti-dumping duties on imports of certain pneumatic tyres from China, following an expiry review of previous measures. The duties apply to new or retreaded rubber tyres used for buses or lorries with a load index over 121.The regulation is structured in several main sections covering: procedural background, product scope and market…
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    Ukrainian legislation (general), Ukrainian legislation (important)

    On Amendments to the Procedure for Returning (Transferring) Funds Erroneously or Excessively Credited to State and Local Budgets

    Order Amending the Procedure for Returning Funds Erroneously or Excessively Credited to State and Local Budgets. The main changes concern the procedure for returning court fees and clarifying the terms for document review. Structurally, the changes are introduced to Section I of the Procedure and relate to: exclusion of certain provisions regarding court fee return;…
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    Ukrainian legislation (general), Ukrainian legislation (important)

    On Approval of Amendments to the Order of the Central Directorate of the Security Service of Ukraine dated January 3, 2019 No. 3

    Order Amending the Instruction on Medical Examination in the Security Service of Ukraine from 2019. The document concerns the procedure for medical examinations of candidates for military service, training in military educational institutions of the Security Service of Ukraine, and family members of military personnel. Structurally, changes are being made to all sections of the Instruction…
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    Ukrainian legislation (general), Ukrainian legislation (important)

    ORDER ON APPROVAL OF AMENDMENTS TO THE INSTRUCTION ON APPLICATION OF CERTAIN PROVISIONS OF THE REGULATION ON MILITARY SERVICE OF SERVICEMEMBERS OF THE FOREIGN INTELLIGENCE SERVICE OF UKRAINE

    This order amends the Instruction on the Application of Provisions of the Regulation on Military Service by Military Personnel of the Foreign Intelligence Service of Ukraine. The main changes relate to the procedure for military service during martial law. Key innovations include: Regulated the procedure for entering into contracts until demobilization is announced Detailed procedures for…
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