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

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

Rule of Law: European Commission acts to defend judicial independence in Poland

Despite repeated efforts, for almost two years, to engage the Polish authorities in a constructive dialogue in the context of the Rule of Law Framework, the Commission has concluded that there is a clear risk of a serious breach of the rule of law in Poland. The Commission is therefore proposing to the Council to … Continue reading Rule of Law: European Commission acts to defend judicial independence in Poland

European Commission acts to preserve the rule of law in Poland

The European Commission acts today to protect the rule of law in Poland. The Commission substantiates its grave concerns on the planned reform of the judiciary in Poland in a Rule of Law Recommendation addressed to the Polish authorities. In the Commission's assessment, this reform amplifies the systemic threat to the rule of law in Poland already … Continue reading European Commission acts to preserve the rule of law in Poland

Supreme Court of Louisiana – Uniformity Provision Prevails

On December 6, 2016, the Supreme Court of Louisiana issued a verdict relating to a St. Martin Parish case that ultimately changed a statute impacting a completely different parish, East Feliciana Parish. In Arrow Aviation Company, LLC v. St. Martin Parish School Board, the issue at dispute is the taxability of repair services performed in … Continue reading Supreme Court of Louisiana – Uniformity Provision Prevails