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European Union Case Law

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Asylum law

Ministerstvo vnitra v E.K.

The Court held that Article 17(1) of the Dublin III Regulation may be used even when responsibility was assigned under Article 3(2), first subparagraph.

  • Dublin iii regulation
  • Member state responsible for examining an application for international protection
  • Discretionary clause
  • Preliminary ruling
  • Asylum-law
  • Dublin-iii-regulation
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Agriculture law

M.P.M. v Ministerstvo na zemedelieto i hranite, Darzhaven fond ‘Zemedelie’ – Sofia and Varhoven administrativen sad

The Court held that a post-commitment legislative amendment may amount to force majeure or exceptional circumstances under Regulation 1974/2006, but Article 47(1) does not itself confer rights for state liability.

  • Common agricultural policy (cap)
  • Eafrd rural development support
  • Force majeure and exceptional circumstances
  • Lease termination after legislative amendment
  • Preliminary ruling interpretation
  • Liability of member states for breach of eu law
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Eu law

SQ v YR

The Court held that proceedings to liquidate and divide co-ownership of immoveable property acquired by spouses under a separate property regime fall within Regulation 2016/1103.

  • Preliminary ruling
  • Matrimonial property regimes
  • Co-ownership of immoveable property
  • Separate property regime
  • Jurisdiction
  • Scope of regulation (eu) 2016/1103
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European union law

IU v BT

The Court held that the formal validity of an assignment of exclusive copyright use rights is a contractual matter governed by Rome I, not Rome II.

  • Rome i regulation
  • Rome ii regulation
  • Formal validity of assignment contract
  • Exclusive rights to use photographs
  • Infringement of intellectual property rights
  • Choice of law
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Environmental law

F.B. v Région wallonne

The Court held that extending by 10 years a 20-year permit for a wind farm may require public participation under Article 6 of the Aarhus Convention.

  • Aarhus convention
  • Public participation
  • Environmental permits
  • Wind farm permit extension
  • Preliminary ruling
  • Aarhus-convention
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Environment

BASF SE and Nouryon Functional Chemicals BV v European Commission

Opinion in an appeal concerning the EU classification of DTPA as a reproductive toxicant under Regulation No 1272/2008 and Delegated Regulation 2022/692.

  • Classification and labelling of chemicals
  • Reproductive toxicity
  • Appeal
  • Annulment of delegated regulation
  • Interpretation of regulation (ec) no 1272/2008
  • Chemical-classification
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Consumer protection

SVB – Neues Schweizer Viertel Betriebs + Service GmbH & Co. KG v Glarner Straße 5 GbR

The Court held that Directive 93/13 bars a three-year supplementary-interpretation rule that preserves unfair price increases, and bars unilateral replacement of a void price clause.

  • Unfair terms in consumer contracts
  • Price adjustment clauses
  • District heating supply contract
  • Contract continuation after invalidity
  • Unilateral amendment of contract terms
  • Unfair-terms-in-consumer-contracts
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Consumer protection

PL and GQ v Gexx aeroSol GmbH

The Court held that a contract is off-premises where the consumer accepts a trader’s advance offer in the trader’s presence away from business premises.

  • Directive 2011/83/eu
  • Off-premises contracts
  • Right of withdrawal
  • Preliminary ruling
  • Interpretation of article 2(8)(a)
  • Consumer-protection
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Eu law

LS v GT

The Court held that Italian proceedings to recognise the civil effects of an ecclesiastical annulment of a concordat marriage are not an “application for annulment of marriage” under Article 19(1).

  • Jurisdiction
  • Lis pendens
  • Recognition of judgments
  • Marriage annulment
  • Divorce proceedings
  • Concordat marriage
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European Union decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.