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JUDGMENTS FROM THE EUROPEAN COURT OF HUMAN RGHTS AND THE COURT OF JUSTICE OF THE EUROPEAN UNION
European Courts is an EU and ECHR law blog for judges, legal practitioners, legal academics and other interest groups. Its general objective is a better understanding of EU and human rights law. This blog also aims at bridging the gap between the law in the books and the law in action. It creates a platform of exchange of knowledge and experiences between judges and academics. European Courts publishes a monthly newsmagazine that provides an overview of recent case law from the European Court of Human Rights in Strasbourg and the Court of Justice of the European Union. Editors: Marc de Werd, Roel Andrea, Robin Cozijnsen, Menco Rasterhoff, Nienke de Visser, Mirjam Winkels. This newsletter is still under construction. Copyright 2013 Marc de Werd
INDEX
1. JUDGMENTS FROM THE EUROPEAN COURT OF HUMAN RIGHTS READ THE COURTS CASE LAW INFORMATION NOTES RIGHT TO LIFE (Article 2) PROHIBITION OF TORTURE (Article 3) RIGHT TO LIBERTY AND SECURITY (Article 5) RIGHT TO A FAIR TRIAL (Article 6) RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE (Article 8) FREEDOM OF EXPRESSION (Article 10)
2. JUDGMENTS FROM THE EU COURT OF JUSTICE ACCESS TO DOCUMENTS AGRICULTURE CIVIL AND COMMERCIAL MATTERS COMMON FOREIGN AND SOCIAL SECURITY POLICY COMPETITION CONSUMERS ENVIRONMENT INSURANCES INTELLECTUAL PROPERTY PENSIONS SCHENGEN STATE AID TAXES TELECOMMUNICATION SERVICES (AIR)TRANSPORT
STRASBOURG
JUDGMENTS
READ THE COURTS CASE LAW INFORMATION NOTES
The Court publishes fact sheets on Strasbourg case law and case law information notes.
JUDGMENT 26 March 2013 Valiulien t. Lithuania press release judgment Lithuanian authorities failed to effectively investigate complaints of domestic violence. The case concerned the complaint by a woman who was a victim of domestic violence about the authorities failure to investigate her allegations of ill-treatment and to bring her partner to account. The Court found that the authorities application of the code of criminal procedure in Ms Valiuliens case had not provided her with adequate protection against acts of domestic violence. In particular, there had been delays in the criminal investigation and the public prosecutor had decided to discontinue the investigation. JUDGMENT 14 March 2013 Salakhov and Islyamova v. Ukraine press release judgment The case concerned the lack of appropriate medical care given to a detainee, who died from AIDS two weeks after he was released from detention. JUDGMENT 5 March 2013 Glay etin v. Turkey press release judgment Inadequacy of arrangements for protecting pre-trial detainees with serious illnesses. The case concerned a person who complained that she had been kept in prison, initially pending trial and later following her conviction for murder, despite suffering from advanced cancer. The Court concluded that the conditions of the applicants detention, both before and after her final conviction, had amounted to inhuman and degrading treatment, and that she had been discriminated against in that, while in pre-trial detention, she had not been eligible for the protective measures applicable to convicted prisoners suffering from serious illnesses. The Court also recommended under Article 46 (binding force and execution of judgments) that the Turkish authorities take measures to protect the health of prisoners with incurable diseases, whether they were being held pending trial or following a final conviction.
the legitimate aim of promoting good relations between States through the respect of national sovereignty. However, it concluded that the Russian courts had failed to examine whether the nature of the transaction underlying the claim was of a private law nature and to take into account the provisions of international law in favour of restrictive immunity.
were likely to have a chilling effect on satirical contributions to discussion of matters of public interest, such discussion being fundamental to a democratic society.
LUXEMBURG
JUDGMENTS
ACCESS TO DOCUMENTS
JUDGMENT 19 March 2013 Case T-301/10 In 't Veld / Commission judgment comment Access to documents Regulation (EC) No 1049/2001 Documents relating to the draft international Anti-Counterfeiting Trade Agreement (ACTA) Negotiating documents Refusal to grant access Exception relating to the protection of the public interest with regard to international relations Manifest error of assessment Proportionality Obligation to state reasons
AGRICULTURE
JUDGMENT 14 March 2013 Case C-545/11 Agrargenossenschaft Neuzelle judgment Common agricultural policy Regulation (EC) No 73/2009 Article 7(1) and (2) Modulation of direct payments granted to farmers Further reduction in the amount of direct payments Validity Principle of the protection of legitimate expectations Principle of non-discrimination
heard, right to effective judicial review and right to respect for property Extent and intensity of judicial review
COMPETITION
JUDGMENT 14 March 2013 Case C-32/11 Allianz Hungria Biztost press release judgment Competition Article 101(1) TFEU Application of similar national regulations Jurisdiction of the Court Bilateral agreements between an insurance company and car repairers relating to hourly repair charges Charges paid depending on the number of insurance contracts concluded for the insurance company by those repairers in their capacity as brokers Concept of agreement having as its object the restriction of competition
CONSUMERS
JUDGMENT 21 March 2013 Case C-92/11 RWE Vertrieb press release judgment Directive 2003/55/EC Internal market in natural gas Directive 93/13/EEC Articles 1(2) and 3 to 5 Contracts between suppliers and consumers General conditions Unfair terms Unilateral alteration by the supplier of the price of the service Reference to mandatory legislation designed for another category of consumers Applicability of Directive 93/13 Obligation of use of plain and intelligible language and transparency JUDGMENT 14 March 2013 Case C-415/11 Aziz press release judgment Directive 93/13/EEC Consumer contracts Mortgage loan agreement Mortgage enforcement proceedings Powers of the court hearing the declaratory proceedings Unfair terms Assessment criteria
ENVIRONMENT
JUDGMENT 21 March 2013 Case C-244/12 Salzburger Flughafen press release judgment Assessment of the effects of certain projects on the environment Directive 85/337/EEC Articles 2(1) and 4(2) Projects listed in Annex II Extension works to the infrastructure of an airport Examination on the basis of thresholds or criteria Article 4(3) Selection criteria Annex III, point 2(g) Densely populated areas OPINION 21 March 2013 Case C-515/11 Deutsche Umwelthilfe opinion Access to environmental information held by or for public authorities Scope of the exception in Article 2(2) of Directive 2003/4/EC Whether public authorities adopting executive regulatory instruments act in a legislative capacity JUDGMENT 14 March 2013 Case C-420/11 Leth press release judgment Environment Directive 85/337/EEC Assessment of the effects of certain public and private projects on the environment Consent for such a project without an appropriate assessment Objectives of that assessment Conditions to which the existence of a right to compensation are subject Whether protection of individuals against pecuniary damage is included JUDGMENT 7 March 2013 Case C-358/11 Lapin ELY-keskus, liikenne ja infrastruktuuri judgment Environment Waste Hazardous waste Directive 2008/98/EC Old telecommunications poles treated with CCA (copper-chromium-arsenic) solutions Registration, evaluation and authorisation of chemicals Regulation (EC) No 1907/2006 (REACH Regulation) List of uses for treated wood in Annex XVII to the REACH Regulation Old telecommunications poles used as underlay for duckboards
JUDGMENT 7 March 2013 Case T-93/10 Bilbana de Alquitranes/ ECHA judgment REACH Identification of pitch, coal tar, high temperature as a substance of very high concern Actions for annulment Actionable measure Regulatory act not entailing implementing measures Direct concern Admissibility Equal treatment Proportionality JUDGMENT 7 March 2013 Case T-94/10 Rtgers Germany / ECHA judgment REACH Identification of anthracene oil as a substance of very high concern Actions for annulment Actionable measure Regulatory act not entailing implementing measures Direct concern Admissibility Equal treatment Proportionality JUDGMENT 7 March 2013 Case T-370/11 Poland / Commission press release judgment Environment Directive 2003/87/EC Scheme for greenhouse gas emission allowance trading Transitional rules for harmonised free allocation of emission allowances from 2013 Benchmarks to be applied to calculate the allocation of emission allowances Equal treatment Proportionality
INSURANCES
JUDGMENT 7 March 2013 Case C-577/11 DKV Belgium - judgment Freedom to provide services Freedom of establishment Directives 73/239/EEC and 92/49/EEC Direct insurance other than life assurance Freedom to set rates Health insurance contracts not linked to professional activity Restrictions Overriding reasons in the public interest
INTELLECTUAL PROPERTY
JUDGMENT 7 March 2013 Case C-607/11 ITV Broadcasting press release judgment Directive 2001/29/EC Article 3(1) Broadcasting by a third party over the internet of signals of commercial television broadcasters Live streaming Communication to the public
PENSIONS
JUDGMENT 7 March 2013 Case C-127/11 van den Booren judgment Social security for migrant workers Article 46a of Regulation (EEC) No 1408/71 National rules against overlapping Old-age pension Increase in the amount paid by a Member State Survivors pension Reduction in the amount paid by another Member State
SCHENGEN
JUDGMENT 21 March 2013 Case C-254/11 Shomodi judgment Area of freedom, security and justice Local border traffic at the external land borders of the Member States Regulation (EC) No 1931/2006 Regulation (EC) No 562/2006 Maximum duration of stay Rules for calculation
STATE AID
JUDGMENT 19 March 2013 C-399/10 P + C-401/10 P Bouygues and Bouygues Tlcom / Commission + Commission / France press release judgment comment Appeals State aid Financial measures in favour of France Tlcom Shareholder loan proposal Public declarations by a member of the French Government Decision declaring
the aid incompatible with the common market and not ordering its recovery Concept of State aid Concept of economic advantage Concept of commitment of State resources
TAXES
JUDGMENT 21 March 2013 Case C-91/12 PFC Clinic judgment VAT Directive 2006/112/EC Exemptions Article 132(1)(b) and (c) Hospital and medical care and closely related activities Provision of medical care in the exercise of the medical and paramedical professions Services consisting in the performance of plastic surgery and cosmetic treatments Interventions of a purely cosmetic nature based solely on the patients wishes JUDGMENT 21 March 2013 Case C-129/12 Magdeburger Mhlenwerke judgment Regional aid scheme Investment in the processing and marketing of agricultural products Commission decision Incompatibility with the internal market Abolition of incompatible aid Time at which aid is granted Principle of the protection of legitimate expectations JUDGMENT 14 March 2013 Case C-216/11 Commission / France judgment Failure of a Member State to fulfil obligations Council Directive 92/12/EEC Excise duties Tobacco products acquired in one Member State and transported to another Member State Purely quantitative assessment criteria Article 34 TFEU Quantitative restrictions on imports JUDGMENT 14 March 2013 Case C-527/11 Ablessio judgment VAT Directive 2006/112/EC Articles 213, 214 and 273 Identification of taxable persons subject to VAT Refusal to assign a VAT identification number on the ground that the taxable person is not in possession of the material, technical and financial resources to carry out the declared economic activity Legality Countering tax evasion Principle of proportionality OPINION 7 March 2013 Case C-219/12 Fuchs opinion VAT Definition of economic activity Photovoltaic system installed on the roof of a private household Electricity sold to a provider who supplies the households electricity needs JUDGMENT 7 March 2013 Case C-275/11 GfBk judgment Taxation Value added tax Directive 77/388/EEC Exemption of the management of special investment funds Scope JUDGMENT 7 March 2013 Case C-424/11 Wheels Common Investment Fund Trustees judgment Value added tax Directive 77/388/EEC Exemption of the management of special investment funds Scope Occupational retirement pension schemes JUDGMENT 19 March 2013 Case T-324/10 Firma Van Parys / Commission judgment Customs union Imports of bananas from Ecuador Post-clearance recovery of import duties Request for remission of import duties Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 Error by the customs authorities Obvious negligence on the part of the interested party JUDGMENT 7 March 2013 Case C-182/12 Fekete judgment Community Customs Code Article 137 Regulation implementing the Customs Code Article 561(2) Conditions for total relief from import duties Importation into a Member State of a vehicle whose owner is established in a third country Private use of the vehicle authorised by the owner otherwise than by an employment contract concluded with the user No relief
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TELECOMMUNICATION SERVICES
JUDGMENT 21 March 2013 Case C-375/11 Belgacom judgment Telecommunication services Directive 2002/20/EC Articles 3 and 12 to 14 Rights to use radio frequencies Fees for rights to use radio frequencies One-off fees for grant and renewal of rights to use radio frequencies Method of calculation Alteration of existing rights
(AIR)TRANSPORT
OPINION 14 March 2013 Case C-509/11 BB-Personenverkehr opinion Regulation (EC) No 1371/2007 on rail passengers rights and obligations Article 17 Conditions for ticket price compensation in case of delay, missed connections and cancellations Compensation precluded for delays caused by force majeure Article 30 Powers of a national body charged with enforcement of Regulation No 1371/2007 Whether Article 30 of Regulation No 1371/2007 authorises the national body to order railway undertakings to alter compensation terms that do not comply with Regulation No 1371/2007 Legal effects of European Union regulations Principle of effet utile Meaning of court or tribunal under Article 267 TFEU General principles of EU law Duties and powers of Member State administrative authorities to issue remedies when compared with Member State courts and tribunals JUDGMENT 7 March 2013 Case C-547/10 P Suisse / Commission judgment Appeal External relations Agreement between the European Community and the Swiss Confederation on air transport Regulation (EEC) No 2408/92 Access of Community air carriers to intra-Community air routes Articles 8 and 9 Scope Exercise of traffic rights Decision 2004/12/EC German measures relating to the approaches to Zurich Airport Duty to state reasons Non-discrimination Proportionality Burden of proof
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