Subject of Dispute: Determination of the Correct Commodity Classification Code (Nicotine Benzoate in Propylene Glycol) during Customs Clearance.
Key Arguments of the Court:
1. The court considers that previous judicial instances incorrectly classified the goods under code 2939791000 (alkaloids), without taking into account the details of the explanatory notes to the Ukrainian Commodity Nomenclature of Foreign Economic…
Subject of the Dispute: Recovery of Unjustifiably Retained Funds for Land Use.
Main Arguments of the Court:
1. The Appellate Court closed the proceedings due to jurisdiction rule violations, considering that the dispute should be heard in the commercial court.
2. The Court drew attention that closing proceedings due to jurisdictional issues is not grounds for automatic recovery…
Subject of Dispute: Challenging the Conclusion of the Eastern Office of the State Audit Service Regarding Violation of the Public Procurement Procedure for Vehicle Repair and Maintenance Services.
Main Arguments of the Court:
The Supreme Court considers that previous court decisions require review due to incomplete investigation of the case circumstances. Firstly, the courts did not establish…
Subject of Dispute: Recognition of the Land Plot Transfer as Illegal and Its Return to Communal Ownership.
Main Arguments of the Court:
1. The Supreme Court deviated from previous practice and recognized that changing the land use type within the same land category (from recreational purpose for recreational facilities to individual summer cottage construction) does not require…
Subject of Dispute: Recognition of Ownership Right to a Compulsory Inheritance Share by a Foreigner.
Main Arguments of the Court:
Firstly, the court fundamentally changed the approach to determining the disability status for foreigners in inheritance law. It clearly indicated that for a foreigner, the disability status should be determined by the legislation of their country of…
Subject of Dispute: Challenging the Order of the Prosecutor General dated 30.04.2021 No. 136 on Declaring Invalid Orders Regarding the Creation of Staffing Commissions for Prosecutor Selection.
Main Arguments of the Court:
1. The time limit for filing a lawsuit was correctly calculated from 20.10.2021, when the plaintiff became aware of the content of the order.
2. The…
Subject of Dispute: Challenging the Inaction of the Main Directorate of the Pension Fund of Ukraine Regarding Pension Indexation in 2022 and 2023.
Main Arguments of the Court: The court established that when recalculating pensions assigned in 2020-2023, it is necessary to increase the average wage indicator that was directly used to calculate the pension at…
Subject of Dispute: Recalculation of Old-Age Pension Using the Average Wage Indicator for 2021-2023 When Transitioning from Service Pension.
Main Court Arguments: The Supreme Court established that when transitioning from a service pension to an old-age pension, the average wage indicator for the last three years (2021-2023) should be applied, not the previous period. The court…
Subject of the Dispute: Invalidation of the Purchase and Sale Agreement for a Part of an Apartment, Concluded by the Husband without the Wife's Consent.
Main Arguments of the Court: The Supreme Court indicated that invalidation of the agreement is possible only if the bad faith of the counterparty is proven, that is, if the third…
Subject of Dispute: Bank's Return of Full Amount of Funds after Cancellation of International Money Transfer.
Main Arguments of the Court:
The court established that the bank did not provide sufficient evidence of the lawfulness of withholding part of the funds. In particular, the bank did not explain the reasons for currency conversion and did not provide…
The essence of the act:
This Decision establishes the recognition and use of smart tachographs under the EU-Ukraine Agreement on freight road carriage. It allows vehicles registered in both the EU and Ukraine to use advanced smart tachograph systems that provide more detailed monitoring capabilities than traditional digital tachographs. The Decision also establishes the European Commission's…
Here's a detailed analysis of this Court of Justice of the European Union (CJEU) judgment:
1. Essence of the act in 3-5 sentences:
This is a landmark CJEU judgment that establishes key principles regarding judicial remuneration in EU Member States. The Court ruled on whether and how national legislatures and executives can determine and modify judges' salaries…
This Council Implementing Regulation amends the EU sanctions regime against Belarus in connection with its involvement in Russia's aggression against Ukraine. The act primarily deals with updates to the list of sanctioned individuals and entities.
The regulation makes three types of changes to Annex I of Regulation (EC) No 765/2006:
1. Removes two entries from the sanctions…
This Council Implementing Regulation amends the EU's restrictive measures against Syria following the fall of al-Assad's regime. The act suspends certain sanctions and removes six Syrian financial and aviation entities from the sanctions list, while maintaining asset freeze for the Central Bank of Syria.
The structure of the act is typical for EU implementing regulations, consisting…
The essence of the act:
This Decision establishes the recognition and use of smart tachographs under the EU-Ukraine Agreement on freight road transport. It allows vehicles registered in both the EU and Ukraine to use advanced smart tachograph systems that provide more detailed monitoring capabilities than traditional digital tachographs. The Decision also establishes the European Commission's…
The act establishes new rules for checking plants, plant products, and other objects entering the European Union through border control posts. It modifies the frequency rates for identity and physical checks of various agricultural products, focusing on specific categories like cut flowers, fruits, vegetables, and used machinery from different countries. The regulation aims to ensure…
1. Essence of the Act:
This is Council Implementing Regulation (EU) 2025/389 which adds new sanctions against individuals and entities supporting Russia's war against Ukraine. The regulation adds 48 persons and 35 entities to the EU sanctions list, including military industry executives, propagandists, and companies providing military equipment to Russia. The sanctions include asset freezes and…
The essence of the act:
This regulation amends EU Regulation 269/2014 concerning sanctions against Russia related to actions undermining Ukraine's territorial integrity. It introduces new criteria for asset freezing, enhances measures against Russian oil shipping practices, strengthens information sharing between authorities, and provides additional protections for EU operators complying with sanctions.
Structure and main provisions:
1. New listing…
- This regulation amends EU sanctions against Belarus and has implications for Ukraine.
Key points about the act:
1. Essence in 3-5 sentences:
The regulation strengthens restrictions on dual-use goods and technology exports to Belarus, particularly items that could enhance Belarus's defense and security sector. It expands controls on items used by Russia in its war against Ukraine…
The essence of the act:
This regulation amends EU Regulation 2022/263 concerning restrictive measures against Russian-occupied areas of Ukraine. It introduces new prohibitions on supplying banknotes, certain goods, technology, and services to non-government controlled areas in Donetsk, Kherson, Luhansk and Zaporizhzhia regions. The regulation also strengthens enforcement mechanisms and clarifies provisions on circumvention of sanctions.
Structure and…