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The Rosas Legacy at the Court of Justice

Allan Rosas left the Court of Justice on 7 October 2019, after almost eighteen years of service as a distinguished member of the EU’s highest jurisdiction. He bears witness to profound changes in the EU’s judiciary, from the time of the pre-accession Court of 2004 to the recent and massive machinery of case-law production in these tumultuous times. One of the most respected judges...

Can the EU Launch a Damages Action Against a Member State Using the Infringement Procedure? A Comment on Commission/UK and Commission/The Netherlands.

After months in the waiting, the Court ruled at last in two crucial infringement actions that put the final piece in the jigsaw puzzle of damages actions in EU law. In Commission/UK (C-391/17) and Commission/The Netherlands (C-395/17) the question of damages actions by the EU against a Member State was put upfront by the Commission, after decades of doubts over the issue. Using once again the...

The Scope of Application of the Charter of Fundamental Rights is Redefined Once Again – A Comment on IN and IM/Belgium

The judgment in IN and IM/Belgium, delivered yesterday by the Court of Justice, is a relevant development in the definition of Article 51.1 of the Charter of Fundamental Rights and its scope of application when applied by Member States. The judgment is an interesting continuation of the Akerberg Fransson saga which still stirs the passions of EU lawyers. The judgment is relevant because it stands...

To Be or Not to Be… “a Jurisdiction”. A Comment on the Banco Santander Case

Yesterday, Advocate General Hogan delivered an eagerly awaited Opinion in the case of Banco Santander, in which the Court of Justice will review its position on the concept of “jurisdiction” eligible to make a preliminary reference. The case is highly relevant for several reasons. First, the Court is signalling its intention to make a statement by sending the case to the Grand Chamber. Although...

Tax Rulings and State Aid after the Starbucks/Fiat judgments of the General Court

On 24 September 2019, the General Court handed down two long-awaited sets of judgments concerning the application of EU/EEA State aid rules to tax decisions. In its judgment in Cases T-760/15 Netherlands v Commission and T-636/16 Starbucks v Commission, the General Court annulled Commission Decision (EU) 2017/502 of 21 October 2015, while in the judgment in Cases T-755/15 Luxembourg v Commission...

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