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Illegal State Aids and Multinational Companies: The European Commission Decision on the Apple – Ireland Tax Ruling

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Keywords: Apple – State aid – arm’s length principle – tax regulations – multinational companies – OECD guidelines.
 

In its decision of 30 August 2016 the European Commission found that Ireland granted undue tax benefits to Apple and that, as a consequence, that Member State is under the obligation to recover...

Different Arguments Lead to the Same Result: The Tobacco Products Directive Is Declared Valid by the Court of Justice

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Abstract: On 4 May 2016, the Court of Justice of the European Union delivered its judgment in the case Philip Morris. For the first time, the reasoning of the Court does not focus exclusively on internal market issues but, instead, includes an analysis on fundamental rights and the principles of proportionality and subsidiarity. Following...

García Nieto: Another Restrictive Approach in the European Citizenship Case Law

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Keywords: CJEU – EU citizenship – social benefits – short-term residence – economically inactive – family reunification.
 

On February 2016, the CJEU rendered an important judgment in, García-Nieto et al., on the limits to the right to social assistance granted to European citizens living in another...

DHL Express (Italy) v. Commission: Getting It Right Beats Being First

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Keywords: leniency – immunity – summary application – reduction of fine – first applicant – principle of autonomy of leniency programmes.
 

On 20 January 2016, the Court of Justice of the European Union issued a preliminary ruling concerning the interpretation of Art. 101 TFEU, Art. 4, para. 3, TEU and Art. 11...

A New Settlement for the United Kingdom in the European Union: A New Challenge to EU Citizens’ Social Benefits and Freedom of Movement?

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Abstract: On 18 and 19 February 2016, the Heads of State or Government of the 28 Member States of the European Union met within the European Council in Brussels and agreed on a New Settlement of the United Kingdom within the EU. This Insight only focuses on social benefits and freedom of movement. It provides an account of the modifications...

Early Notes on the 9 December 2015 European Commission’s Proposals on Certain Aspects Concerning Contracts for the Online and Other Distance Sales of Goods; and on Certain Aspects Concerning Contracts for the Supply of Digital Content

Insight

Abstract: In the context of a determined commitment with the EU consumer protection law, on last 9 December 2015, the Commission has issued a proposal on certain aspects concerning contracts for the online and other distance sales of goods and a proposal on certain aspects concerning contracts for the supply of digital content. Both instruments are...

Conclusiones de la Abogado General Kokott en los asuntos contra la Directiva de los productos del tabaco: ¿Un paso al frente hacia una verdadera política de salud de la Unión Europea?

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Abstract: On 23 December 2015, Advocate General Kokott delivered her Opinion in three cases challenging the validity of Directive 2014/40/EU. Although the Court of Justice of the European Union (CJEU) had already ruled on the legal basis to adopt the former Tobacco Products Directive, new questions arose with the adoption of this new piece of...

Equal Treatment in the Field of Social Security: Can Economically Inactive Citizens Be Required to Be Lawfully Resident in the Host Member State to Access Certain Social Security Benefits?

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Keywords: social security – benefits – lawful residence – economically inactive – citizens – equal treatment.
 

This infringement action was brought by the Commission against the UK for requiring non-UK Union citizens who are economically inactive to lawfully reside in the UK to access certain social...

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