A national law cannot invalidate, by a retroactive, general and automatic rule, credit agreements concluded with foreign lenders

In 2007, Ms Anica Milivojević, a Croatian national, concluded with Raiffeisenbank, which has its registered office in Austria, a non-renewable credit agreement in the sum of €47 000 in order to have renovation work carried out in her home, more particularly to create apartments in it for letting. The loan was taken out using an … Continue reading A national law cannot invalidate, by a retroactive, general and automatic rule, credit agreements concluded with foreign lenders

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

Brexit Negotiations: What is in the Withdrawal Agreement

The European Commission and the United Kingdom's negotiators have reached an agreement on the entirety of the Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, as provided for under Article 50 of the Treaty on European Union. The Withdrawal Agreement establishes the … Continue reading Brexit Negotiations: What is in the Withdrawal Agreement

Auditors publish Background Paper on EU competition policy enforcement

The European Court of Auditors has today published a Background Paper on the enforcement of the EU’s competition rules. Background Papers provide information on ongoing audit tasks and are designed as a source of information for those interested in the policy and/or programmes being audited. Today’s Paper is based on preparatory work for an audit … Continue reading Auditors publish Background Paper on EU competition policy enforcement

Rule of Law: European Commission takes next step in infringement procedure to protect the independence of the Polish Supreme Court

Today, the European Commission decided to send a Reasoned Opinion to Poland regarding the Polish law on the Supreme Court. The new Polish law on the Supreme Court lowers the retirement age of Supreme Court judges from 70 to 65, which puts 27 out of 72 sitting Supreme Court judges at risk of being forced … Continue reading Rule of Law: European Commission takes next step in infringement procedure to protect the independence of the Polish Supreme Court

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