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    Court practice (Ukraine), EU legislation (important)

    Case No. 534/1241/22 dated 09/01/2025

    The court took into account that after amendments to the Code of Administrative Offenses dated 09.08.2024, the threshold value of property for qualifying theft as a criminal offense was increased. Since in most episodes the value of the stolen property did not exceed the established threshold, these actions are no longer considered criminal offenses. The…
    January 20, 20250Likes0CommentsShare
    EU legislation (detailed)

    Review of the EU legislation for 20/01/2025

    The regulation introduces significant changes to the EU design protection system, modernizing the registration process and technical requirements. The key modifications include: Design applications must now be filed directly with the EU Intellectual Property Office, removing the previous option to submit through national offices Applications can include up to 50 designs in a single multiple application…
    January 20, 20250Likes0CommentsShare
    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…
    January 17, 20250Likes0CommentsShare
    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…
    January 17, 20250Likes0CommentsShare
    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…
    January 17, 20250Likes0CommentsShare
    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,…
    January 17, 20250Likes0CommentsShare
    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…
    January 17, 20250Likes0CommentsShare
    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…
    January 17, 20250Likes0CommentsShare
    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…
    January 17, 20250Likes0CommentsShare
    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'…
    January 17, 20250Likes0CommentsShare
    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…
    January 17, 20250Likes0CommentsShare
    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…
    January 17, 20250Likes0CommentsShare
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