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

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

Judgement in Case C-89/17 Secretary of State for the Home Department v Rozanne Banger

Where an EU citizen returns to his Member State of origin, that Member State must facilitate the entry and residence of the non-EU partner with whom that citizen has a durable relationship. A decision to refuse such a residence authorisation to the non-EU partner must be founded on an extensive examination of the applicant’s personal … Continue reading Judgement in Case C-89/17 Secretary of State for the Home Department v Rozanne Banger

The term ‘spouse’ within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex

Although the Member States have the freedom whether or not to authorise marriage between persons of the same sex, they may not obstruct the freedom of residence of an EU citizen by refusing to grant his same-sex spouse, a national of a country that is not an EU Member State, a derived right of residence … Continue reading The term ‘spouse’ within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex

The Court of Justice upholds the fines imposed by the Commission on companies for their participation in cartels in the international air freight

By decision of 28 March 2012, the Commission imposed fines amounting in total to €169 million on a number of companies by reason of their participation, in periods between 2002 and 2007, in various agreements and concerted practices on the market for international air freight forwarding services. Those services included the organisation of transportation of … Continue reading The Court of Justice upholds the fines imposed by the Commission on companies for their participation in cartels in the international air freight

Summary judgement on fraudulent invoices case: Sweden

The Court of Appeal in Stockholm, Sweden, handed down its judgement on 20 December 2017 following the trial against twenty persons charged with fraud in view of their involvement, from 2011 to 2014, in the sending out of fake invoices, which appeared to have been sent out by OHIM (now EUIPO). The invoices were addressed … Continue reading Summary judgement on fraudulent invoices case: Sweden