EU Law
Latest business news about EU law, legal issues and the European Court of Justice
Sanctions against the employment of illegally staying non-EU nationals
Directive 2009/52/EC targets the employment of non-EU nationals who are illegally staying in the European Union (EU), in order to counteract illegal immigration. It provides for minimum common standards on sanctions and other measures (disqualification from public benefits, etc.) and, in serious cases, criminal penalties against employers of said nationals.
Compensation to crime victims
The aim of Council Directive 2004/80/EC is to set up a system of cooperation to facilitate access to compensation for victims of crimes in cross-border situations. This system operates on the basis of Member States' compensation schemes for victims of violent intentional crime committed in their respective territories.
External Borders Fund (2007-2013)
As part of the general programme “Solidarity and management of migration flows”, Decision No 574/2007/EC establishes the External Borders Fund (EBF) for the period 2007-13 with resources totalling €1820 million.
Germany's restriction on Polish labour deemed discriminatory
Germany has infringed Community law by restricting to its own undertakings alone the possibility of entering into contracts with Polish undertakings in respect of work to be carried out within its territory, ruled the European Court of Justice (ECJ). Labelling the restrictions as discriminatory, the ECJ found that they could not be justified by any reasonable means.
EU Court sets guidelines for cross-border insolvency proceedings
Once initial insolvency proceedings have been opened in an EU Member State, the competent authorities of another Member State are, in principle, required to recognize and enforce all judgements relating to the main insolvency proceedings, the European Court of Justice (ECJ) has ruled. As such, they are not entitled to order enforcement measures on the insolvent company's assets situated in its territory when the legislation of the State of the opening of proceedings does not so permit.
EU Court outlines unfair practice guidelines for consumer driven lottery
The European Court of Justice (ECJ) has ruled that allowing customers to take part in a lottery free of charge following a certain number of purchases does not automatically constitute an unfair commercial practice, following a request from the German Federal Court of Justice.
CASELEX:EU:2009:120 - IP Law - Exhaustion of trade mark proprietor’s rights
This reference for a preliminary ruling was made by the Hoge Raad der Nederlanden (Supreme Court of the Netherlands) (Netherlands) in proceedings between the applicants, Makro Zelfbedieningsgroothandel CV (‘Makro’), Metro Cash & Carry BV and Remo Zaandam BV, on the one hand, and the defendant, Diesel SpA (‘Diesel’), on the other hand, with regard to the marketing by Makro of shoes bearing a trade mark owned by Diesel, without Diesel’s express consent.
Consumer protection law - contracts negotiated away from business premises - CASELEX:EU:2009:160
Directive 85/577/EEC – Article 4 – Consumer protection – Contracts negotiated away from business premises – Right of cancellation – Obligation on the trader to give notice of that right – Contract void – Appropriate measures.
Public procurement - Community tendering procedure - CASELEX:EU:2009:162
Pursuant to Community public procurement law, when a tenderer had submitted an ambiguous offer in a tender organised by the Commission of the European Communities and the Commission could resolve the ambiguity by contacting that tenderer, the Commission was obliged to contact the tenderer in order to establish the actual meaning of the tender. In such a case, to reject the offer without contacting the tenderer would be contrary to the principles of sound administration, equal treatment, proportionality and legal certainty. Such was the case when the tenderer had omitted to indicate the price of a given item but that price could be easily deduced from the price of an identical or similar item in the offer, as it was a matter of clarification, and not modification, of the initial offer of the tenderer.
Consumer protection law - CASELEX:EU:2009:151
Directive 85/374/EEC – Liability for defective products – Articles 3 and 11 – Mistake in the classification of ‘producer’ – Judicial proceedings – Application for substitution of the producer for the original defendant – Expiry of the limitation period.
Transboundary movement of genetically modified organisms
This EU Regulation aims to implement the provisions of the Cartagena Protocol on preventing biotechnological risks. The aim of the Protocol is to ensure an adequate level of protection for the transfer, handling and use of genetically modified organisms (GMOs) that may have adverse effects on the environment and human health, and specifically focusing on transboundary movements (the movement of GMOs between two States with the excemption of intentional movements between parties to the Cartagena Protocol within the European Community).
ICTs to facilitate the transition to an energy-efficient, low-carbon economy
The EU is committed to a 20 % reduction in its carbon emissions by 2020. This target will be difficult to reach if the potential of ICTs is not fully exploited. ICTs can allow CO2 emissions to be reduced considerably whilst bringing the European Union up to a high level of innovation and competitiveness.
Safer Internet programme 2009-2013
The online environment is becoming more and more accessible and, together with bringing benefits, it exposes users to a wide range of risks. Minors are becoming increasingly active as users, but are also particularly vulnerable. The EU “Safer Internet” programme intends to improve the online safety of children by tackling not only illegal material, but also harmful conduct.
Maximum age limits for some professions is permissible, says Court
The European Court of Justice (ECJ) has delegated the application of age limits for the recruitment of certain professionals, such as dentistry and fire fighting, to the authority of the national courts, due to the health responsibility attached to those professions.
EU Court rules on cross-border custody of children
The European Court of Justice ruled that a court of an EU Member State in which a child resides cannot provisionally grant custody of the child to one parent if a court of another Member State, which has jurisdiction as to the substance of the case, has already given custody to the other parent.
Protection of video game users
Strong growth in the European video game market and the development of new media has increased the risk that consumers will be exposed to illegal or harmful content. The video game industry has introduced a self-regulatory video game rating system aimed particularly at the protection of minors.
EU court interprets insider dealing
The European Court of Justice (ECJ) has clarified the elements of insider dealing following a request from the Court of Appeal of Brussels. This clarification resulted in fines totalling EUR 100 000 imposed by the relevant Belgian authority on Spector Photo Group for insider trading.
Nutrition and health claims
Nutrition and health claims which encourage consumers to purchase a product, but are false, misleading or not scientifically proven are prohibited. The aim is to improve protection of consumers’ health and rights. European legislation has created a list of nutrition and health claims and the conditions for their authorisation which applies throughout the EU.
Labelling, presentation and advertising of foodstuffs
Pre-packaged foodstuffs must comply with compulsory harmonised EU standards on labelling and advertising. The details that must appear on packaging include the name under which the product is sold, a list of ingredients and quantities, potential allergens (products which may cause allergies), the minimum durability date and conditions for keeping.
Language use in consumer information
Language use is dealt with in various provisions of Community law. These provisions can be very strict, for example when it comes to potentially dangerous products. The legislation on language use aims to inform consumers properly and promote multilingual information, whilst guaranteeing Member States' freedom in language matters.