The COVID-19 Emergency and the Reintroduction of Internal Border Controls in the Schengen Area: Never Let a Serious Crisis Go to Waste

Insight

Abstract: The Insight analyses the wave of internal border control reintroductions following the COVID-19 outbreak. It addresses the relevant legal framework and discusses the possible implications for the Schengen Area, in the light of the recent practice of highly disputed prorogations of border controls and of the pending reform of the...

Sugli effetti della violazione di obblighi procedurali sostanziali: in margine alla sentenza Airbnb

Insight

Abstract: The Insight focuses on the judgement delivered by the Court of Justice on 19 December 2019 in case C-390/18, Airbnb Ireland. The analysis will be mainly conducted with a view to exploring the notion of essential procedural requirement, developed in the previous case law, and the legal consequences flowing from this notion...

The X Case: The Influence of the Resource Requirement on Long Term Residents’ Integration and National Authorities’ Discretionary Powers

Insight

Abstract: In the X case (judgment of 3 October 2019, case C-302/18), the Court of Justice addressed for the first time the application of the resource requirement of the Directive 2003/09/EC, a precondition for the obtainment of the status of long-term resident by third-country nationals. In its ruling, the Court compared the provision of...

For a Few Cigarettes More: The AG Opinion in the JTI Case

Insight

Abstract: In his Opinion delivered on 6 December 2018 in case C-596/17, JTI, AG Saugmandsgaard Øe argued that Art. 15, para. 1, of Directive 2011/64 authorises Member States to prevent tobacco manufacturers and importers from varying the retail selling price per item or gram for each of their manufactured tobaccos of a certain brand and...

The General Court’s Ruling in Tercas: Between Imputability of the Aid to the State and Use of State Resources

Insight

Abstract: This Insight examines the clarification provided by the General Court’s ruling in Tercas (namely, judgment of 19 March 2019, joined cases T-98/16, T-196/16 and T-198/16, Italy and Others v. Commission) with regard to two constituent elements of the notion of State aid: the “imputability to the State” and the “use...

For a Few Cigarettes More: Comments on AG Saugmandsgaard Øe's Opinion in the JTI Case

Insight

Abstract: In his Opinion delivered on 6 December 2018 in case C-596/17, JTI, AG Saugmandsgaard Øe argued that Art. 15, para. 1, of Directive 2011/64 authorises Member States to prevent tobacco manufacturers and importers from varying the retail selling price per item or gram for each of their manufactured tobaccos of a certain brand and...

“Lawful Employment” as a Precondition for the Recognition of Residence Rights: Bajratari

Insight

Abstract: In the judgment of Bajratari, the Court of Justice was asked to determine whether the availability of sufficient resources established by Art. 7, para. 1, let. b), of Directive 2004/38/EU as a precondition for the recognition of Union citizens’ right of residence in another Member State for more than three months should be...

Antitrust and Coopservice: Procurement Aggregation Is a Serious Thing (Adjudicating Too)

Insight

Abstract: Antritrust and Coopservice (judgment of 19 December 2018, case C-216/17) is a peculiar product of the Court of Justice. It is one of a kind in aggregate procurement, a subfield of public procurement that has remained virtually untouched by the Court. A number of very helpful and reasonable directions can be drawn from this judgment with respect to...

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