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The Sheriff Appeal Court has published a judgment in three test cases concerning the court’s approach in undefended actions under the simple procedure rules. The court allowed appeals by Cabot Financial UK Ltd against decisions to dismiss its undefended actions for payment, after ruling that t

The arbitration clause in the agreement between the Netherlands and Slovakia on the protection of investments is not compatible with EU law as it removes from the mechanism of judicial review of EU law disputes which may relate to the application or interpretation of that law. In 1991 the former Cze

Organisms obtained by mutagenesis are, in principle, exempted from the obligations in the Genetically Modified Organisms Directive, according to Advocate General Bobek. Member states are free to adopt measures regulating such organisms provided they respect overarching principles of EU law.

The written answers submitted at a professional examination and any comments of the examiner with respect to those answers constitute a candidate’s personal data to which he has, in principle, a right of access, the Court of Justice of the European Union (CJEU) has ruled. To give a candidate that

A decision may not be adopted to expel a third-country national who is a long-term resident for the sole reason that he or she has been sentenced to a term of imprisonment of more than one year, the Court of Justice of the European Union has ruled. A Colombian national, who was granted a long-term r

A supplier of luxury goods can prohibit its authorised distributors from selling those goods on a third-party internet platform such as Amazon and this does not, in principle, go beyond what is necessary to preserve the luxury image of the goods. Coty Germany sells luxury cosmetic goods in Germany.

A claimant in a simple procedure case which was initially defended and then settled when the pursuer accepted a tender is entitled to the expenses of process as assessed, after a court rejected the defender’s argument that he should have his liability in expenses capped at 10% of the sum decerned

A non-EU national may benefit from a right of residence in the Member State in which his EU citizen family member resided before she acquired the nationality of that Member State in addition to her nationality of origin, the Court of Justice of the European Union (CJEU) has ruled. The court ruled th

Duplicate bridge is not a ‘sport’ for the purposes of the VAT Directive and cannot be exempt as such, the Court of Justice of the European Union has ruled. The English Bridge Union (EBU) is a national body responsible for regulating and developing duplicate bridge in England. That card game is a

Lack of appropriate psychological care in the country of origin of a person who was tortured there in the past is not sufficient to allow that person to claim subsidiary protection, according to Advocate General Bot. A Member State does, however, retain its discretion to grant such a person admissio

A collective redundancy does not always qualify as an “exceptional case” permitting the dismissal of a pregnant worker, according to Advocate General Sharpston. In the context of a collective redundancy, the dismissal of pregnant workers may only occur in exceptional cases not connected to the p

The Grand Chamber of the European Court of Justice (ECJ) has dismissed actions brought by Slovakia and Hungary against the provisional mechanism for the mandatory relocation of asylum seekers. The mechanism, designed to help Italy and Greece deal with a massive inflow of people during the migration

According to Advocate General Wahl, a supplier of luxury goods may prohibit its authorised retailers from selling its products on third-party platforms such as Amazon or eBay. Such a prohibition, which seeks to preserve the luxury image of the products concerned, is not, under certain conditions, ca

Advocate General Sharpston has clarified the criteria for determining an "emanation of the state" for the purposes of establishing the bodies against which an individual may bring a claim based on rights under an EU directive which has not been transposed correctly into national law. The concept of

Making available and managing an online platform for sharing copyright-protected works, such as ‘The Pirate Bay’, may constitute an infringement of copyright because the operators of that platform play an essential role in making those works available, the Court of Justice of the European Union