This question might raise eyebrows, I know. You might react in disbelief. ECJ, pluralist? It makes little sense. After all, pluralism itself is only a passing fad, and the ECJ – the ultimate guardian of the supranational fortress – has been anything but pluralist in its latest judicial pre-emptive strikes against the national side of [...]
Monday, February 1, 2010 posted by Eurostein
I have read the Kücükdeveci judgment with great interest. I am happy for Ms Kücükdeveci. She has won her case. However, I am not sure about the reasoning of the Court. If my reading of the decision is correct, then the Court has laid down the following new rule of EU law: “When a directive gives [...]
Thursday, December 17, 2009 posted by the Editors
The ECJ has issued today its first review judgment in case M/EMEA, pursuant to former article 225 TEC (now 256.2 TFEU), against a decision of the CFI that ruled on an appeal against an Order of the EU Civil Service Tribunal. It is an important judgment for several reasons. First, it is the first time the ECJ [...]
Tuesday, October 27, 2009 posted by Mancinus
Drugs in Europe, unlike most of other consumer goods, are purchased by the Member States (not by the final consumers). As a result their prices tend to be shielded from the free play of supply and demand. To what extent these specific and essential characteristics of the sector should play a role in the application [...]
Monday, October 26, 2009 posted by the Editors
On 22 September 2009 Advocate General Maduro released his long-awaited opinion in the “AdWords” cases. The cases concerned keywords corresponding to trademarks used in Google’s Adwords advertising system. Indeed, some trademark owners started legal proceedings in France against Google claiming that the use, in the Adwords advertising system, of keywords corresponding to trade marks amounted to [...]
Sunday, October 25, 2009 posted by the Editors
On Tuesday, AG Bot will be delivering his Opinion in Wall, an important public procurement case on whether are the principle of equal treatment expressed inter alia in Articles 12 EC, 43 EC and 49 EC and the prohibition in Community law of discrimination on grounds of nationality to be interpreted as meaning that the [...]
Sunday, September 20, 2009 posted by the Editors
On Tuesday, October 22nd, AG Poiares Maduro will deliver his Opinion in Google France (C-236/08, C-237/08, C-238/08), a Grand Chamber case concerning the interpretation of Article 5 of the Trade Mark Directive, on whether the use of a trade mark in Google’s AdWords programme constitutes infringement, and whether a trade mark owner can prevent a [...]
Thursday, September 17, 2009 posted by the Editors
AdjudicatingEurope is glad to announce its annual ranking of ECJ judgments and Opinions. We intend, every January, to announce what we consider to be the ECJ’s leading ten judgements and five Opinions. However, as this blog has started in September, we will exceptionally do our 2008 ranking at this time. We have chosen ten judgments and five [...]
Saturday, September 12, 2009 posted by the Editors
On Tuesday, AG Mazák will deliver his Opinion in Salahadin (C-175, 176, 178 & 179/08), a Grand Chamber case concerning decisions of national authorities putting an end to the refugee status of the parties concerned on the basis of the sole finding that their fear of persecution has ceased to exist, without examining additional [...]
Tuesday, June 15, 2010 posted by Eurostein
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