Printer-friendly version

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...

“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...

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...

Religious Slaughtering and Organic Labels: Œuvre d’assistance aux bêtes d’abattoirs

Insight

Abstract: In Œuvre d’assistance aux bêtes d’abattoirs (judgment of 26 February 2019, case C-497/17 [GC]) the Court of Justice held that the EU organic label cannot be placed on meat products if the animal has been slaughtered in accordance with religious rites, when the animal was not stunned before killing. According to the Court, this is...

Freedom of Movement, Social Integration and Naturalization: Testing Reverse Discrimination in the Recent Case Law of the Court of Justice

Insight

Abstract: The Insight addresses reverse discrimination in the field of free movement and derived residence rights for EU citizens’ family members who are third country nationals. It outlines the debate concerning the justification for differential treatment and discusses the role of the EU and the Member States in relation to reverse discrimination. While the...

Impact of Brexit on European Company Law: A French Private International Lawyer Perspective

Insight

Abstract: Although the outcome of the Brexit remains quite uncertain, this Insight aims at contemplating, from a private international law perspective, what the consequences of Brexit, in the field of Company law, could be. From Incorporation to (possible) freedom of movement, through recognition (and its consequences), the major...

Aplicación del Derecho europeo en Gibraltar: la libre prestación de servicios y la consideración de una única entidad estatal con Reino Unido

Insight

Abstract: In its judgment of 13 June 2017, case C-591/15, The Gibraltar Betting and Gaming Association, the Court of Justice held that, in the area of freedom to provide services, the United Kingdom and Gibraltar are to be treated as a single member State. Therefore, national fiscal measures at stake, found to be in all other regards...

Aleksei Petruhhin: Extradition of EU Citizens to Third States

Insight

Abstract: Extradition agreements between Member States and third States fall within the competence of Member States, but the ruling in Aleksei Petruhhin (Court of Justice, judgment of 6 September 2016, case C-182/15 [GC]) shows that Member States must exercise this competence in light of EU law if extradition may affect an EU citizen’s...

EU Law and Extradition Agreements of Member States: The Petruhhin Case

Insight

Abstract: The Insight analyses the recent judgment of the Court of Justice in the Aleksei Petruhhin v. Latvijas Republikas Ģenerālprokuratūra case (judgment of 6 December 2016, case C-182/15). The preliminary ruling deals with the relationship between EU law and Member States’ extradition agreements with third countries. The...

Pages