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Case No. 640/14829/21 dated 11/12/2024

Subject of the Dispute: Challenging a Tax Notification-Decision Reducing the Negative VAT Amount by 415,558 UAH. The court in rendering its decision was guided by the fact that disputes concerning the challenge of tax notification-decisions must be considered under administrative, rather than commercial court proceedings, even if bankruptcy proceedings have been initiated against the taxpayer. The…

Directive (EU) 2024/3101 of the European Parliament and of the Council of 27 November 2024 amending Directive 2005/35/EC as regards ship-source pollution and on the introduction of administrative penalties for infringements (Text with EEA relevance)

This Directive amends Directive 2005/35/EC on ship-source pollution and introduces a comprehensive system of administrative penalties for pollution offences from ships. The act aims to incorporate international standards on pollution from ships into EU law and ensure effective penalties for illegal discharges of polluting substances.The Directive expands the scope of regulated polluting substances to include…

Directive (EU) 2024/3099 of the European Parliament and of the Council of 27 November 2024 amending Directive 2009/16/EC on port State control (Text with EEA relevance)

The Directive 2024/3099 amends the existing EU port State control system established by Directive 2009/16/EC. Here are the key aspects:The Directive updates and modernizes the port State control system in the EU by incorporating new international conventions, improving ship risk assessment methods, and enhancing inspection procedures. It aims to ensure ships calling at EU ports…

Case No. 686/1699/20 dated 02/12/2024

The subject of the dispute concerns the possibility of recovering procedural expenses from a person who was released from criminal liability due to the expiration of statute of limitations. The court, when rendering its decision, was guided by the fact that civil liability (including reimbursement of procedural expenses) does not violate the presumption of innocence,…

Commission Regulation (EU) 2024/3118 of 10 December 2024 amending Regulation (EU) No 1408/2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector

This Regulation amends the rules for de minimis state aid in the agricultural sector of the EU. It increases the ceiling for aid that a single undertaking may receive to EUR 50,000 over any 3-year period and extends the validity of the regulation until December 31, 2032. The national caps for cumulative aid are set…

Commission Delegated Regulation (EU) 2024/3173 of 27 August 2024 supplementing Regulation (EU) 2023/988 supplementing Regulation (EU) 2023/988 of the European Parliament and of the Council with regard to rules on access to and operation of the Safety Gate Rapid Alert System, information to be entered in that System, notification requirements and the criteria for assessment of the level of risk

This Commission Delegated Regulation supplements Regulation (EU) 2023/988 on general product safety by establishing detailed rules for the operation of the Safety Gate Rapid Alert System. It sets requirements for notifications about dangerous products, criteria for risk assessment, and rules for information exchange between Member States through this system.The regulation consists of 3 main articles…

CASE OF DYUMIN AND OTHERS v. UKRAINE

This judgment concerns multiple applications against Ukraine regarding inadequate conditions of detention and lack of effective remedies. The Court joined six applications due to their similar subject matter, examining complaints under Articles 3 and 13 of the Convention.The Court found violations regarding poor detention conditions in the Kyiv Pre-Trial Detention Facility, where applicants were held…

CASE OF RASKIN AND OTHERS v. UKRAINE

The European Court of Human Rights (ECHR) delivered a judgment concerning nine applications against Ukraine regarding inadequate conditions of detention and lack of effective remedies. The case involves multiple applicants who were detained in various Ukrainian detention facilities, including pre-trial detention centers in Kharkiv and Kropyvnytskyy, and the Zamkova Detention Facility.The Court found violations of…

CASE OF SHYNKARENKO AND OTHERS v. UKRAINE

This judgment concerns seven applications against Ukraine regarding inadequate conditions of detention and lack of effective remedies. The European Court of Human Rights (ECHR) found violations of Articles 3 and 13 of the Convention in all cases.The Court examined complaints from seven applicants who were detained in the Zhytomyr Detention Facility under poor conditions. The…

CASE OF BONDARENKO AND OTHERS v. UKRAINE

The European Court of Human Rights (ECHR) delivered a judgment in the case of Bondarenko and Others v. Ukraine, concerning seven applications filed by Ukrainian citizens regarding inadequate conditions of detention in the Kryvyi Rih Detention Facility and the lack of effective remedies to address these issues. The Court found violations of Articles 3 and…

CASE OF DIDYK AND OTHERS v. UKRAINE

The European Court of Human Rights (ECHR) delivered a judgment in the case of Didyk and Others v. Ukraine, which consolidated nine applications concerning inadequate detention conditions in Ukrainian detention facilities, particularly in the Zhytomyr Detention Facility.The Court found violations of Articles 3 (prohibition of inhuman or degrading treatment) and 13 (right to an effective…

CASE OF LUTSAK AND OTHERS v. UKRAINE

The European Court of Human Rights (ECHR) delivered a judgment concerning 11 applications against Ukraine regarding inadequate conditions of detention and lack of effective remedies. The case primarily deals with violations of Articles 3 and 13 of the Convention.The Court found that all applicants were kept in detention in poor conditions in the Vinnytsia Detention…

CASE OF KONONENKO AND OTHERS v. UKRAINE

This judgment concerns multiple applications against Ukraine regarding inadequate conditions of detention and lack of effective remedies. The Court examined ten applications jointly due to their similar subject matter. The Court found violations of Articles 3 and 13 of the Convention concerning poor detention conditions in Ukrainian facilities, particularly in the Dnipro Detention Facility. The…

CASE OF NYCHYPORENKO AND DEMIDOVA v. UKRAINE

The case concerns complaints by two Ukrainian citizens, Kateryna Nychyporenko and Svitlana Demidova, regarding ineffective investigations into cases of ill-treatment inflicted by private individuals. Both applicants suffered physical injuries from assaults by their neighbors, and both cases demonstrated significant failures in the investigation and judicial processes.The Court found violations of Article 3 of the Convention…
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