The German Federal Constitutional Court (FCC) published its long awaited decision in the highly controversial Honeywell case last Thursday. The stakes were high, as the case concerned nothing less than the question whether the Court of Justice went beyond its competences in Mangold and whether the FCC should, therefore, declare that the said decision is, [...]
Tuesday, August 31, 2010 posted by the Editors
The German Federal Constitutional Court has delivered its awaited decision on 26 August 2010 in the Honeywell case. The ruling not only clarified the position of the FCC towards the controversial Mangold case but also shed some interesting lights on the scope of its ‘ultra vires’ control and its obligation to refer a question under Article 267 [...]
Tuesday, July 20, 2010 posted by the Editors
On 7 July 2010, the official talks have started on the European Union’s accession to the European Convention of Human Rights between the Commission and the Steering Committee for Human Rights. Already on 26 May 2010, the Committee of Ministers of the Council of Europe gave an ad-hoc mandate to this Steering Committee to elaborate [...]
Thursday, July 15, 2010 posted by Pescatorius
The EU Law Blog has an interesting post on the Committee recently established by Article 255 of the Treaty on the Functioning of the EU. This Committee is in charge of scrutinizing the candidates proposed by Member States to fill the position of Judge or Advocate General at the EU Court of Justice (+ General [...]
Wednesday, June 23, 2010 posted by Pescatorius
The ECJ has handed its judgment in the Melki case today, although only in French for the time being. The judgment can be accessed here. In general terms, the ECJ rules out the Cour de Cassation’s interpretation of the “priority question of constitutionality” and gives a clear hint that the referring court was getting it wrong. [...]
Monday, June 7, 2010 posted by Cartesio
It is common knowledge that the national courts are key actors when it comes to application and enforcement of EU law. The same holds true in the Strasbourg system which is founded on the principle of subsidiarity - an overarching principle recently reaffirmed during the Interlaken Conference in February 2010. To put it differently, it [...]
Thursday, June 3, 2010 posted by the Editors
It appears that the Council’s mandate to the Commission concerning the EU’s accession to the European Convention of Human Rights will very soon be agreed. Many interesting issues lie ahead, and they are all of the utmost importance for EU Law and for all lawyers interested in fundamental rights. The way in which the Union will [...]
Monday, May 31, 2010 posted by the Editors
EMC Development AB v Commission: Standardisation under EU Competition Law On 12 May 2010, the General Court (GC) delivered its judgment in Case T-432/05 EMC Development AB v. Commission. This judgment relates to a review of the legality of the Commission’s decision not to act on a competition complaint against allegedly anti-competitive effects of standardisation in [...]
Sunday, May 30, 2010 posted by Cartesio
The accession to ECHR may put an end to the logic of ‘presumption of equivalence’ and ‘manifest deficiency’ coined by the Bosphorus case (Decision of 13 September 2001 Application No 45036/98 Bosphorus Hava Yollari Turizm AS v. Ireland). The abandonment of this doctrine in the wake of accession is not, however, such a clear cut [...]
Saturday, May 29, 2010 posted by the Editors
On 6 May 2010, an extraordinary appeal has been lodged before the Supreme Court (Högsta Domstolen) against the judgment of the Labour Court (Arbetsdomstolen) of December 2009 by the Swedish trade unions. It is argued inter alia that the Labour Court has found the existence of a principle of damages between individuals in EU law without the [...]
Tuesday, August 31, 2010 posted by the Editors
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