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European Union Case Law

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Consumer-protection

Stichting Woonstichting Lieven de Key v BS

A tenant could still be ordered to pay costs under national procedural rules after an unfair lease costs clause was struck out, because those rules were not a substitute for the clause.

  • Unfair-terms-in-consumer-contracts
  • Lease-agreement
  • Allocation-and-taxation-of-costs
  • Preliminary-ruling
  • Principle-of-effectiveness
  • Unfair-terms
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Civil-procedure

WT v MR, YF, EZ

The Advocate General proposes that a Swiss debt recovery payment order is not a “judgment” under the Lugano II Convention because the authority lacks judicial functions.

  • Lugano-ii-convention
  • Concept-of-judgment
  • Concept-of-court-or-tribunal
  • Swiss-debt-recovery-and-insolvency-proceedings
  • Order-for-payment
  • Preliminary-ruling
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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
  • Wind-farm
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Eu-law

Flugzeugherstellerin

Advocate General Ćapeta proposes a broad reading of Article 2(1) of Regulation 2021/821, covering items objectively capable of military use, including pilot training.

  • Dual-use-items
  • Export-authorisation
  • Human-rights-considerations
  • Military-use
  • Preliminary-ruling
  • Export-controls
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Social-policy

LW v Trenitalia SpA and Istituto nazionale della previdenza sociale (INPS)

The Court held that Article 8(1) of Directive 91/533 protects only rights conferred by the directive itself, not substantive rights under the employment relationship.

  • Employer’s-obligation-to-inform-employees
  • Directive-91/533/eec
  • Article-8(1)
  • Right-to-receive-employment-information-document
  • Limitation-periods-for-social-security-contributions
  • Employment-law
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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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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
  • Member-state-responsibility
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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

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 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.