Overview of recent cases before the Court of Justice of the European Union (November 2020-March 2021)

2021 ◽  
pp. 138826272110092
Author(s):  
Pauline Melin
Keyword(s):  
Parental Leave ◽  
The European Union ◽  
Framework Agreement ◽  
The Third ◽  
Court Of Justice ◽  
Rest Periods ◽  
First Case ◽  
Family Benefits ◽  
Grand Chamber ◽  
Italian Legislation

In this reporting period (November 2020-March 2021), five cases will be presented. The first case is INPS v WS (C-302/19), dealing with the Italian legislation that excludes Single Permit holders from receiving family benefits for their family members residing in a third country. In the second report, two cases rendered on the same day by the Grand Chamber of the Court are discussed. In D.J. v Radiotelevizija Slovenija (C-344/19) and RJ v Stadt Offenbach am Main (C-580/19), the Court clarified the circumstances under which periods of stand-by time could be considered as ‘working time’ or, alternatively, ‘rest periods’ under Directive 2003/88. XI v Caisse pour l’avenir des enfants (C-129/20) is the third case reported. It concerns an interpretation of the Framework Agreement on parental leave in the light of the Luxembourg legislation, which requires parents to be employed at the time of their child’s birth to benefit from parental leave. Finally, the case report ends with VL v Szpital Kliniczny im. dra J. Babińskiego Samodzielny Publiczny Zakład Opieki Zdrowotnej w Krakowie (C-16/19), a case of discrimination on grounds of disability.

The Impact of the Court of Justice of the European Union on Neighbouring Countries

2020 ◽  
pp. 349-396
Author(s):  
Arie Reich ◽  
Hans-W. Micklitz
Keyword(s):  
European Union ◽  
A Priori ◽  
Policy Recommendations ◽  
Eu Law ◽  
The European Union ◽  
The Third ◽  
Court Of Justice ◽  
The Many ◽  
The Impact ◽  
Legal Integration

The concluding chapter sums up the overall findings of the project through three different strands of analysis: the first breaks down the eleven jurisdictions into three groups based on the relative quantity and impact of Court of Justice of the European Union (CJEU) citations found in these jurisdictions. By drawing conclusions from all the country reports through a comparative and macro-perspective, the goal is to distil the insights of the entire project and formulate policy recommendations in the light of EU external policy and legal integration objectives vis-à-vis its neighbourhood; the second examines the many factors that a priori could have an impact on whether judges are likely to cite the CJEU in their judgments, and then discusses what the research has found in relation to the actual role played by these factors; the third tries to place the current project into the context of overall research on the global reach of EU law, which can be ‘exported’ to non-members of the EU through various mechanisms, such as mutual and formal agreement or through more unilateral and spontaneous forms. They include modes of extraterritorial application of EU law, territorial extension, and the so-called ‘Brussels Effect’. The chapter concludes with some general observations and thoughts and formulates possible policy recommendations.

The case of Konrad Erzberger v TUI AG. Comment to Court of Justice of the European Union (Grand Chamber), judgment of 18 July 2017, Case C-566/15

2017 ◽  
Vol 8 (4) ◽  
pp. 333-343 ◽  
Author(s):  
Achim Seifert
Keyword(s):  
European Union ◽  
Member State ◽  
Supervisory Board ◽  
Parent Company ◽  
The European Union ◽  
Court Of Justice ◽  
Right To Vote ◽  
Grand Chamber ◽  
The Right

Article 45 TFEU must be interpreted as not precluding legislation of a Member State, such as that at issue in the main proceedings, under which the workers employed in the establishments of a group located in the territory of that Member State are deprived of the right to vote and to stand as a candidate in elections of workers’ representatives to the supervisory board of the parent company of that group, which is established in that Member State, and as the case may be, of the right to act or to continue to act as representative on that board, where those workers leave their employment in such an establishment and are employed by a subsidiary belonging to the same group established in another Member State.

A quest for consistency in the law of commercial agency. Loss of the right to remuneration in Polish and European law

2017 ◽  
Vol 71 (0) ◽  
pp. 0-0
Author(s):  
Piotr Sitnik
Keyword(s):  
Case Law ◽  
Third Party ◽  
European Law ◽  
The European Union ◽  
The Third ◽  
Court Of Justice ◽  
Council Directive ◽  
European Standards ◽  
Polish Law ◽  
The Right

In a recent judgment in ERGO Poist’ovňa, a.s. v Alžbeta Barlíková, the Court of Justice of the European Union attempted to clarify the ambit of Article 11 of Council Directive of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents, that is the circumstances where a commercial agent’s right to remuneration may be extinguished should a negotiated transaction not be executed between the principal and the client. Notably, the Court held that in the event of even partial non-execution of a negotiated contract between the principal and the third party client, provided it happened due to no fault on the part of the principal, the agent’s right to commission is proportionately extinguished. The paper discusses the judgment in the light of previous CJEU case law and the Polish transposition of the said European standards with a view to finding any potential divergences between the two. The paper notes two problems. First, Polish law, as opposed to Slovak law, does not recognize an automatic termination of an insurance contract in the event of default on the part of the customer. Conversely, whether such an effect eventuates is left to contractual discretion of the parties. Second, Polish courts have been recently willing to substitute unjust enrichment for contractual liability even where, it appears, complainants have valid claims under Article 7614 of the Civil Code.

Comparative Law and the Europeanization of Private Law

2006 ◽  
pp. 538-578 ◽  
Author(s):  
Reinhard Zimmermann
Keyword(s):  
Comparative Law ◽  
European Court Of Justice ◽  
Private Law ◽  
Future Trends ◽  
The European Union ◽  
The Third ◽  
Court Of Justice ◽  
European Court ◽  
Do So

The gradual emergence of a European private law is one of the most significant contemporary legal developments. Comparative law scholarship has played an important role in this process and will continue to do so. This article discusses the Europeanization of private law as a new and challenging task for comparative law. The second section considers the Europeanization of private law, describing the creation of the European Union and the role of the European Court of Justice. The third section discusses European legal scholarship. The fourth section cites the contributions of comparative law. The last two sections discuss current and future trends for the European private law.

Legal Issues of EC–Cyprus Trade Relations

2003 ◽  
Vol 52 (2) ◽  
pp. 489-498 ◽  
Author(s):  
Panos Koutrakos
Keyword(s):  
Point Of View ◽  
Legal Issues ◽  
European Court Of Justice ◽  
The Political ◽  
The European Union ◽  
Association Agreement ◽  
Trade Relations ◽  
The Third ◽  
Court Of Justice ◽  
European Court

Whilst the political aspects of Cyprus's membership to the European Union have become the main focus of academic analysis over the years, its trade relations with the Member States have raised issues just as interesting from a legal point of view. This has been illustrated quite recently by the Anastasiou II judgment delivered by the European Court of Justice in 2000. The article aims at highlighting some of these issues. It is structured in three parts: the first part outlines the provisions of the EC–Cyprus Association Agreement governing trade between the parties; the second part analyses the Court's first ruling on imports of certain produce from the northern part of Cyprus;1 the third part examines the recent judgment of the Court on imports of produce which, whilst originating in the northern part of Cyprus, are being accompanied by phytosanitary certificates issued by the Turkish authorities.

scholarly journals The Effects of the Judgment of the Grand Chamber of the Court of Justice of the European Union in Case C-83/19, C-127/19, C-195/19, C-291/19, C-355/19, C- 397/19.The Obligation of the Decisions of the Romanian Constitutional Court and the Supremacy of EU

2021 ◽  
Vol 9 (1) ◽  
pp. 47-61
Author(s):  
Razvan Viorescu
Keyword(s):  
European Union ◽  
Constitutional Court ◽  
International Institution ◽  
The European Union ◽  
Application Systems ◽  
Court Of Justice ◽  
Grand Chamber

The supremacy of the Constitution is therefore compatible with the application systems that give application preference to regulations from legislation other than national law, as long as the Constitution itself established this provision, which happens exactly with the provision provided in art. 93, which allows the transfer of powers resulting from the Constitution in favor of an international institution thus constitutionally empowered to regulate matters previously reserved for domestic powers and their application.

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