A Member State that has given notice of its intention to withdraw from the EU in accordance with Article 50 TEU remains the responsible State for the purposes of the Dublin III Regulation

On 10 January 2017, the International Protection Appeals Tribunal (IPAT, Ireland) upheld a decision of the Irish Refugee Applications Commissioner recommending the transfer of S.A., M.A. and their child A.Z. to the UK. The Commissioner took the view that the UK was the country responsible for taking charge of the asylum applications brought by S.A. … Continue reading A Member State that has given notice of its intention to withdraw from the EU in accordance with Article 50 TEU remains the responsible State for the purposes of the Dublin III Regulation

Advocate General’s Opinion in Case C-493/17 Weiss and Others

Advocate General Wathelet proposes that the Court of Justice should rule that the decision of the ECB establishing a programme for the purchase of government bonds on secondary markets is valid. By decision of 4 March 2015, the European Central Bank (ECB) put in place a secondary markets public sector asset purchase programme (‘PSPP’). The … Continue reading Advocate General’s Opinion in Case C-493/17 Weiss and Others

The unfairness of an unclear contractual term which places the exchange rate risk on the borrower and does not reflect statutory provisions may be subject to judicial review

In February 2008 Ms Ilyés and Mr Kiss concluded with a Hungarian bank a credit contract for the provision of a loan denominated in Swiss francs (CHF). According to the contract, although the monthly repayment instalments were to be paid in Hungarian forints (HUF), the amount of those instalments was to be calculated on the … Continue reading The unfairness of an unclear contractual term which places the exchange rate risk on the borrower and does not reflect statutory provisions may be subject to judicial review

The General Court of the EU upholds restrictive measures adopted by the Council against a number of Russian banks and oil and gas companies in connection with the crisis in Ukraine

Since 31 July 2014, the Council has, in response to Russia’s actions to destabilise the situation in Ukraine, adopted restrictive measures against a number of Russian banks and undertakings which specialise in the oil and gas sector. Those measures impose restrictions on certain financial transactions and on the export of certain sensitive goods and technologies, … Continue reading The General Court of the EU upholds restrictive measures adopted by the Council against a number of Russian banks and oil and gas companies in connection with the crisis in Ukraine

The posting on a website of a photograph that was freely accessible on another website with the consent of the author requires a new authorisation by that author

By posting on the internet, the photograph is made available to a new public. Mr Dirk Renckhoff, a photographer, authorised the operators of a travel website to publish one of his photographs on their website. A pupil at a secondary school in Land North Rhein-Westphalia in Germany (Gesamtshcule de Waltrop) downloaded that photograph from the … Continue reading The posting on a website of a photograph that was freely accessible on another website with the consent of the author requires a new authorisation by that author

Infringements: Commission refers Greece, Ireland and Romania to the Court of Justice for not implementing anti-money laundering rules

Today, the Commission referred Greece and Romania to the Court of Justice of the EU for failing to implement the 4th Anti-Money Laundering Directive into their national law. Ireland implemented only a very limited part of the rules and is therefore also referred to the Court of Justice. The Commission proposed that the Court charges a … Continue reading Infringements: Commission refers Greece, Ireland and Romania to the Court of Justice for not implementing anti-money laundering rules

Advocate General’s Opinion in Case C-221/17 M.G. Tjebbes and Others v Minister van Buitenlandse Zaken

Advocate General Mengozzi proposes that the Court should rule that the automatic loss of Netherlands nationality, which leads to the loss of citizenship of the EU, for minors living outside the EU is incompatible with EU law. A number of Netherlands citizens possessing a second nationality of a non-EU country brought proceedings before courts in … Continue reading Advocate General’s Opinion in Case C-221/17 M.G. Tjebbes and Others v Minister van Buitenlandse Zaken