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“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...

Towards Common Minimum Standards for Whistleblower Protection Across the EU

Insight

Abstract: This Insight describes the content of the Proposal for a Directive on the protection of persons reporting on breaches of Union law, approved with amendments by the European Parliament and formally adopted by the Council on 7th October 2019. The Directive, which will now be formally signed and published in the...

“Uber test” Revised? Remarks on Opinion of AG Szpunar in Case Airbnb Ireland

Insight

Abstract: In his opinion delivered on 30 April 2019 in case C-390/18, Airbnb Ireland, the AG Szpunar stated that Airbnb provides an information society service. He also proposed a revision of the “Uber test” established in the previous case-law of the CJEU. In this Insight, the opinion is summarized and critically commented,...

Do Employers Need to Record Working Time? The Court of Justice Gives Guidance in Confederación Sindical de Comisiones Obreras (CCOO) v. Deutsche Bank SAE

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Keywords: working time – rest breaks – health and safety – Charter – record-keeping – control.
 

Do employers need to keep a record of workers’ actual hours worked? The Court of Justice had the opportunity to provide an answer in Confederación Sindical de Comisiones Obreras (CCOO) v. Deutsche Bank SAE....

State Aid, the Criterion of State Resources and Renewable Energy Support Mechanisms: Fresh Wind from Luxembourg in EEG 2012

Insight

Abstract: EEG 2012 (judgment of 28 March 2019, case C-405/16 P, Germany v. Commission) deals with the assessment under EU State aid rules of a German renewable energy support mechanism in force from 2012 to 2014. The case hinged on the proper interpretation and application of the criterion of State resources. The Court of Justice...

The Family in EU Law After the SM Ruling: Variable Geometry and Conditional Deference

Insight

Abstract: SM (Court of Justice, judgment of 26 March 2019, case C-129/18 [GC]) revolved around the possibility of embracing a child in guardianship under the Algerian kafala system within the EU law notion of “family member”. In the ruling, the Court opened the door to a “variable geometry” notion of family. To this extended notion...

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...

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