The court was guided by the fact that the plaintiff (the deceased's former husband) voluntarily submitted an application in 2021 to waive claims to the shared marital property and did not object to the issuance of inheritance certificates in favor of the son. According to the doctrine of venire contra factum proprium (prohibition of contradictory…
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 an old-age pension on preferential terms. The court was guided by the fact that an old-age pension on preferential terms is a type of old-age pension, not a separate type of…
Here's a review of the significant legal acts:
Single European Sky Framework Regulation
A comprehensive regulation that merges three previous acts into one framework for air traffic management in Europe. It establishes independent national supervisory authorities, introduces performance schemes with environmental targets, creates a Performance Review Board, and sets rules for air navigation services. The regulation…
The Directive 2024/2831 aims to improve working conditions in platform work and protect personal data of platform workers in the EU. Here are the key aspects:The Directive establishes rules for determining correct employment status of platform workers and introduces a legal presumption of employment relationship when certain conditions are met. This helps combat misclassification of…
This Regulation establishes the Single European Sky (SES) framework to improve air traffic safety standards, contribute to sustainable aviation development, and enhance overall performance of air traffic management in Europe. It consolidates and updates previous regulations on air navigation services, airspace management, and network functions.The Regulation consists of six chapters covering general provisions, national supervisory…
No new decisions were published today
Subject of Dispute: An entrepreneur challenging a tax notification-decision on accrual of penalties for violation of settlement terms for foreign economic operations.
The court was guided by the following arguments: 1) The presence of force majeure circumstances (martial law) is confirmed by a Chamber of Commerce and Industry certificate and exempts from liability for breach of…
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…
No new legal acts were published today
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,…
Here's a comprehensive review of the four significant legal acts:
1. Correction to Merger Control Forms
Technical corrections to EU merger notification forms, including new 500-word limit for non-confidential summaries, updated definition of affected markets, and modified requirements for market share calculations. The changes improve precision in reporting requirements for mergers and acquisitions, particularly regarding joint…
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…
