European Court of Justice

25 Mar 2022

Court of Justice of EU Specifies Protection Against Double Jeopardy

The Court of Justice of the European Union (“CJEU“) delivered two judgments on 22 March 2022.  By those judgments, the CJEU ruled on the scope of the protection afforded by the prohibition of ne bis in idem principle in competition law.  The CJEU recalled in both cases that the application of the ne bis in idem principle is subject to a twofold condition.  First, there must be a prior final decision and secondly, the prior decision and the subsequent proceedings must concern the same facts.  The CJEU clarified that the limitations may be imposed on the exercise of a fundamental right, such as the prohibition against double […]

Details
04 Mar 2022

The battle for supremacy: EU and Romania

In late 2021, the Romanian Constitutional Court issued a statement regarding the judgment of the Court of Justice of the European Union (”Judgment”) in Cases C-357/19 Euro Box Promotion and Others, C379/19 DNA – Oradea Territorial Service, C-547/19 “Romanian Judges Forum”, C-811/19 FQ and others and C-840/19 NC. The Judgment established that national judges are entitled to disregard the decisions of the Romanian Constitutional Court that are not aligned with the EU law without any risk of disciplinary measures.   Moreover, it addressed the Romanian justice reforms and pointed out the mandatory character of the EU’s recommendations, embedded in the Cooperation and […]

Details
11 Aug 2021

The Clash Between Brussels and Germany: The Battle for Legal Supremacy or Just a Procedural Quarrel?

The German Constitutional Court and the Court of Justice of the European Union (“CJEU”) have been at odds lately.  In June 2021, the European Commission brought infringement proceedings against Germany over an alleged breach of the principle of primacy of EU law by the German Federal Constitutional Court. Namely, the German Federal Constitutional Court has delivered a landmark decision that is precedent-setting and has tremendous repercussions for the question of the power dynamics between the European Union (“EU”) and a Member State.  Before getting into the nitty-gritty details of this legal conundrum, let us take a look at how things played […]

Details
19 Mar 2021

Silent, but not Uncooperative – an Important Decision by the ECJ

As the famous Arabic proverb says, ‘Silence is golden’.  And it seems that this nugget of ancient wisdom still holds true today – even in law; even when it comes to a high-profile case before the European Court of Justice.  To find out why would silence be so important as to cause a stir among lawyers throughout Europe, we must track back to the beginning.  What happened? On February 2, 2021, the European Court of Justice (ECJ) released a landmark ruling on due process rights in preliminary reference from the Italian Constitutional Court in DB v Commissione Nazionale per le […]

Details
25 Sep 2017

New Hope for Troubled CHF Borrowers?

On September 20, 2017 the Court of Justice of the European Union (the “CJEU“) issued so far the most significant judgment concerning the loans denominated in Swiss francs (the “CHF”). Namely, by judgment in case C-186/16 (Ruxanda Paula Andriciuc and Others v. Banca Românească SA), the CJEU ruled that a financial institution which grants a loan denominated in a foreign currency is liable to provide the borrower with sufficient information, in order to enable him to make a thorough assessment of economic risks and consequences of entering into such contract, and to make a prudent decision on this issue. The […]

Details
07 Nov 2016

Does Commuting Equals Work? ECJ Clarifies

Results of one of the latest surveys recently carried out by British Regus, global work-space provider, have revealed that commuting is being experienced as a time waste for nearly one third of UK professionals, given that it does not fall within their working hours.  Said survey led to the actualization of a pivotal judgment rendered by the Court of Justice of the European Union (hereinafter: ECJ) in 2015, according to which such daily journeys undertaken by workers without a fixed or habitual place of work between their homes and the premises of their customers constitute working time. After processing obtained […]

Details