The court was guided by the fact that at the time of filing the lawsuit in 2014-2015, the then-current Law of Ukraine "On Prosecution" did not contain prohibitions or restrictions on a prosecutor representing the state's interests through state institutions, including environmental protection agencies. The prosecutor had the right to independently determine what constituted a…
The court was guided by the fact that, according to the resolution of the Supreme Court dated 30.08.2024, if a claim contains only a demand to declare an arbitration agreement invalid, the court must refuse to open proceedings, as such a dispute is not subject to consideration in commercial courts. The court also noted that…
Subject of the dispute is the legality of convicting a person for an attempted theft of goods worth 1,129.24 hryvnias and 311.77 hryvnias during martial law. The court was guided by the fact that according to the new Law No. 3886-IX dated 18.07.2024, which has retroactive effect, the threshold value of property for qualifying theft…
The court, in rendering its decision, was guided by the fact that on August 9, 2024, Law No. 3886-IX came into effect, which raised the property value threshold for qualifying theft as an administrative offense to 2 non-taxable minimum citizen incomes. Since the value of the stolen property was found to be below this threshold,…
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 to ensure that during an internal market emergency, crisis-relevant goods can be swiftly placed on the market while maintaining safety standards. It amends Directives covering…
The Internal Market Emergency and Resilience Act (IMERA) establishes a 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 obstacles to the proper functioning of the internal market during…
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…
Subject of the dispute - challenging the decision of the High Council of Justice in a lawsuit filed by an individual. Since the available text contains only the introductory and operative parts of the resolution, without the reasoning part, it is impossible to determine the arguments that guided the court in making its decision.
The Grand…
The court was guided by the fact that the application for review of a court decision on newly discovered circumstances was filed after the expiration of the three-year period from the day the decision entered into legal force. In accordance with the Code of Administrative Judicial Procedure of Ukraine, this term cannot be renewed regardless…
The court, in rendering its decision, was guided by the fact that the High Qualification Commission of Judges (HQCJ) considered the issue of including the judge's application in the agenda of the plenary session, but the commission members voted against its inclusion. The court noted that to recognize inaction as unlawful, the mere fact of…
Subject of the dispute - challenging the acts of the High Qualification Commission of Judges of Ukraine and its inaction. Unfortunately, it is impossible to determine the main arguments of the court from the provided text, as only the introductory and operative parts of the decision are presented, without the reasoning part, where the legal…
Subject of the dispute - challenging the decision of the High Council of Justice in a lawsuit filed by an individual. Since the available text contains only the introductory and operative parts of the resolution, without the reasoning part, it is impossible to determine the arguments that guided the court in making its decision.
The Grand…
The court was guided by the fact that an application for review of a court decision based on newly discovered circumstances may be filed no later than three years from the day the decision entered into legal force. Since the decision entered into legal force on December 5, 2018, and the application was filed only…
The court, in rendering its decision, was guided by the fact that the High Qualification Commission of Judges (HQCJ) considered the issue of including the judge's application in the agenda of the plenary session, but the commission members voted against its inclusion. The court noted that to recognize inaction as unlawful, the mere fact of…
Subject of the dispute - challenging the acts of the High Qualification Commission of Judges of Ukraine and its inaction. Unfortunately, it is impossible to determine the main arguments of the court from the provided text, as only the introductory and operative parts of the decision are presented, without the reasoning part, where the legal…
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…