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CJEU Delivers Judgment on Speciality Rule 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 24 September 2020, the CJEU ruled on a reference from the German Federal Court of Justice (Bundesgerichtshof) in an urgent preliminary ruling procedure (Case C-195/20 PPU [Generalbundesanwalt beim Bundesgerichtshof v XC]). The case concerned interpretation of the speciality rule … Read more
EU Court of Justice of the European Union (CJEU) European Arrest Warrant Judicial Cooperation
Ways Out of Schrems II Judgment 
12 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
Business representatives and the EU and U.S. administrations have begun to think about the consequences of the CJEU’s judgment in Schrems II of July 2020 (--> eucrim 2/2020, pp. 98-99). In a joint press release of 10 August 2020, the European Commission and the … Read more
EU Court of Justice of the European Union (CJEU) Data Protection
Spotlight CJEU: Data Retention Allowed in Exceptional Cases 
12 December 2020 (updated 5 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2020
On 6 October 2020, the Grand Chamber of the CJEU delivered its judgments on data retention concerning the British, French, and Belgian rules (Case C-623/17 (Privacy International), and Joined Cases C-511/18 (La Quadrature du Net and Others), C-512/18 (French … Read more
EU Court of Justice of the European Union (CJEU) Data Protection
New Advocate General Appointed 
2 November 2020
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 2 September 2020, the representatives of the Member States appointed Mr. Athanasios Rantos as Advocate General at the Court of Justice for the period from 7 September 2020 to 6 October 2021. Before joining the CJEU, Mr. Rantos was president of the Supreme Council … Read more
EU Court of Justice of the European Union (CJEU)
New Judges at the Court of Justice 
2 November 2020 (updated 5 years, 11 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
In the course of September and October 2020, two new Judges took office at the CJEU.Ms Ineta Ziemele will serve as judge at the Court of Justice for the period from 7 September 2020 to 6 October 2024. Before joining the Court of … Read more
EU Court of Justice of the European Union (CJEU)
CJEU – Annual Report 2019 
31 August 2020
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
According to its newly released Annual Report 2019, the highest-ever number of new cases (1905) were brought before the European Court of Justice and the General Court. 1,739 cases were decided by the CJEU in 2019, and 2,500 cases were pending. The average length of … Read more
EU Court of Justice of the European Union (CJEU)
CJEU Rules on Recognition of Probation Decisions 
14 August 2020 (updated 5 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2020
The recognition of a judgment suspending the execution of a custodial sentence, only under the condition that the accused does not commit new offences during a probation period, may fall within the scope of Framework Decision 2008/947/JHA. This was decided by the CJEU on … Read more
EU Court of Justice of the European Union (CJEU) Law Enforcement Cooperation
AG: Independence of Executing Judicial Authority Necessary to Decide on EAW Issues 
14 August 2020
Thomas Wahl Thomas Wahl
In his opinion of 25 June 2020, Advocate General (AG) Campos Sánchez-Bordona supports not recognising a public prosecutor’s office exposed to the risk of being subject, directly or indirectly, to directions or instructions from the executive in specific cases as an authority that can … Read more
EU Court of Justice of the European Union (CJEU) European Arrest Warrant
CJEU: Member States Must Sufficiently Compensate Victims 
14 August 2020 (updated 5 years, 2 months ago)
Thomas Wahl Thomas Wahl
The Italian Supreme Court of Cassation referred questions on the applicability of Directive 2004/80/EC as regards compensation to crime victims and the amount of compensation provided therein. On 16 July 2020, the Grand Chamber of the CJEU delivered its judgment on the case (C-129/19 … Read more
EU Court of Justice of the European Union (CJEU) Victim Protection
CJEU: Petitions Committees in German State Parliaments Subject to GDPR & Referring Court is Independent 
14 August 2020
Thomas Wahl Thomas Wahl
On 9 July 2020, the CJEU ruled on the reference for a preliminary ruling of the Administrative Court of Wiesbaden in Case C-272/19. The reason for the referral was the question of whether a parliamentary petitions committee is subject to the General Data Protection … Read more
EU Court of Justice of the European Union (CJEU) Data Protection
EU-US Data Transfers: CJEU Shatters Privacy Shield − Schrems II 
14 August 2020 (updated 5 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2020
In response to questions referred by the Irish High Court, the CJEU’s Grand Chamber ruled on 16 July 2020 in case C-311/18 that Commission Decision 2016/1250 on the adequacy of the protection provided by the EU-US Privacy Shield was invalid. By contrast, Commission Decision 2010/87 … Read more
EU Court of Justice of the European Union (CJEU) Data Protection
Romania and Ireland Must Pay for Not Having Implemented 4th AML Directive 
13 August 2020
Thomas Wahl Thomas Wahl
On 16 July 2020, the CJEU upheld the Commission’s application that Romania and Ireland had infringed their obligation under the EU Treaties by not having transposed the fourth Anti-Money Laundering Directive (Directive 2015/849) in time. Romania and Ireland neither adopted the national measures transposing the … Read more
EU Court of Justice of the European Union (CJEU) Money Laundering
Resumption of Hearings 
9 July 2020
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
Since 25 May 2020, the Court of Justice of the EU has resumed holding hearings at its premises in Luxembourg. The hearings are subject to strict hygiene and social distancing protocols. Read more
EU Court of Justice of the European Union (CJEU)
Spotlight CJEU Rules on Union-wide Enforcement of Fines against Legal Persons 
4 May 2020
Thomas Wahl Thomas Wahl
After its judgment on the interpretation of the Framework Decision on the application of the principle of mutual recognition to financial penalties (FD 2005/214/JHA) of 5 December 2019 (see eucrim 4/2019, p. pp. 246-247), the CJEU delivered another important judgment on the … Read more
EU Court of Justice of the European Union (CJEU) Financial Penalties
New Advocate General Appointed 
5 April 2020
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
Jean Richard de la Tour has been appointed Advocate General at the Court of Justice for the period from 23 March 2020 to 6 October 2024. Before joining the Court, Mr de la Tour served as First Advocate General of the Commercial, Financial and Economic … Read more
EU Court of Justice of the European Union (CJEU)
Information on Working Arrangements during the COVID-19 Pandemic 
5 April 2020
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 30 March 2020, the Court of Justice published an important message for parties to the proceedings with regard to its judicial activities during the Coronavirus COVID-19 pandemic. According to the information, judicial activity at the Court of Justice continues, with priority being given to … Read more
EU Court of Justice of the European Union (CJEU)