This Regulation establishes new measures to prevent the presence of the Tomato brown rugose fruit virus (ToBRFV) on tomato and pepper plants in the EU. The act changes the status of ToBRFV from a quarantine pest to a regulated non-quarantine pest due to its wide spread within the EU territory. It sets specific requirements for…
The court noted that the appropriate method of protecting the borrower's rights in the restructuring of a foreign currency loan is a claim requiring the lender to conduct restructuring. In this case, it is not necessary to additionally demand recognition of the bank's refusal or actions as illegal. The court also emphasized that for restructuring,…
The court was guided by the fact that Article 13 of the Law "On Pension Provision" provides not a separate type of pension, but only preferential conditions for age-based pension assignment by reducing the retirement age. Since the preferential age-based pension is assigned and paid according to the procedure and conditions of the Law "On…
The court was guided by the fact that the decision of the High Qualification Commission of Judges regarding a judge's non-compliance with the occupied position does not have independent legal consequences, but is part of a single qualification proceeding. Such a decision can be appealed only together with the decision of the High Council of…
The subject of the dispute concerns the possibility of appealing the investigating judge's ruling on establishing a deadline for completing the pre-trial investigation. The court was guided by the fact that although such rulings are not directly specified in the list of those subject to appeal under Article 309 of the Criminal Procedure Code, they…
This Regulation amends the EU rules regarding the control of high-risk organic and in-conversion products imported from third countries. It introduces more flexible control mechanisms for such products, allowing for reduced frequency of physical checks and sampling while maintaining effective oversight of product compliance with EU organic standards.The Regulation modifies two previous regulations: (EU) 2021/1698…
Subject of the dispute is the Pension Fund's refusal to recalculate the pension for the liquidator of the Chornobyl Nuclear Power Plant accident with an increase of 1% for each year of service over 20 years. The court was guided by the fact that legislative changes in 2017 cannot worsen the rights of a person…
The court concluded that orders not listed in Article 294 of the Administrative Procedure Code of Ukraine may be appealed separately from the court's decision if they impede further proceedings in the case and the person cannot restore their rights in any other way. The court took into account that the prolonged non-resolution of the…
This judgment concerns the interpretation of EU electricity market rules, specifically regarding the concept of electricity distribution systems and their operators. The Court analyzes whether an energy facility that supplies electricity to residential buildings can be excluded from being classified as a distribution system under EU law. The key elements examined are the definition of…
This judgment concerns the interpretation of EU data protection rules regarding collection of biometric and genetic data by police authorities. The key points are:1. The case deals with whether police can systematically collect biometric and genetic data (fingerprints, photos, DNA) from accused persons and enter it into police records without demonstrating strict necessity.2. The Court…
This judgment concerns the interpretation of the EU General Data Protection Regulation (GDPR) regarding the processing of personal data when issuing COVID-19 immunity certificates.The key points of the judgment are:1. The exception to the controller's obligation to provide information to data subjects (under Article 14(5)(c) GDPR) applies to all personal data not collected directly from…
This judgment concerns the interpretation of EU law regarding criminal proceedings and plea agreements in cases involving multiple defendants. The key points are:1. The case deals with criminal proceedings in Bulgaria where one defendant wanted to enter into a plea agreement during trial, but national law required consent from all other co-defendants and review by…
This is a Commission Implementing Regulation establishing technical standards for reporting requirements related to asset-referenced tokens and e-money tokens under the EU's crypto-assets regulation (MiCA).The regulation sets detailed rules for how issuers of asset-referenced tokens and e-money tokens must report information about token holders, transactions, and reserve assets to competent authorities. It includes specific requirements…
This Regulation amends the EU rules regarding the control of high-risk organic and in-conversion products imported from third countries. It introduces more flexible control mechanisms for high-risk products by allowing different sampling percentages instead of mandatory 100% checks. The regulation modifies two previous regulations: (EU) 2021/1698 and (EU) 2021/2306, which deal with controls on operators…
The subject of the dispute concerns the correctness of calculating the term for appealing a judgment rendered in simplified proceedings. The court was guided by the conclusion of the Joint Chamber of the Criminal Cassation Court of the Supreme Court dated 22.01.2024, which states that if a judgment is issued without summoning a person in…
Subject of Dispute: Recalculation of Pension for a Person Affected by the Chornobyl Disaster, Taking into Account the Supplement for Overtime Work Experience. Main Arguments of the Court: The Supreme Court indicated that since the pension was assigned to the plaintiff before amendments to the law (before 11.10.2017), according to Article 58 of the Constitution…
Subject of the Dispute: Recalculation of Pension for a Liquidator of the Chornobyl Nuclear Power Plant Accident with an Increase of 1% for Each Year of Work Beyond 20 Years of Service.
The Court was guided by the following considerations: 1) Laws do not have retroactive effect in time in accordance with Article 58 of the…
Subject of the dispute is the Pension Fund's refusal to grant an old-age pension on general grounds to a person who is already receiving a preferential pension. The court was guided by the fact that the preferential old-age pension, assigned under Law No. 1788-XII, is not a separate type of pension, but only provides preferential…
The subject of the dispute concerns the correctness of the criminal proceedings closure by the court of first instance due to the alleged expiration of pre-trial investigation terms. The court was guided by the fact that the period between the criminal proceedings closure by the prosecutor (01.03.2022) and the cancellation of this resolution by a…
This judgment concerns the legality of Directive (EU) 2019/692 which amended Directive 2009/73/EC regarding common rules for the internal natural gas market. The key issue was the extension of EU gas market rules to pipelines between EU Member States and third countries, particularly affecting the Nord Stream 2 pipeline between Russia and Germany.The judgment analyzes…