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New Version of Practice Directions Adopted 
28 March 2020
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
In February 2020, the Court of Justice adopted a new version of its Practice Directions, containing information on developments regarding the protection of personal data and the handling of appeals.Data protection rules, for instance, require party representatives to give full effect in their … Read more
Court of Justice of the European Union (CJEU)
Spotlight CJEU Clarifies its Case Law on Concept of “Judicial Authority” Entitled to Issue EAWs 
22 February 2020 (updated 5 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2019
On 12 December 2019, the CJEU provided further guidance under which conditions public prosecutor’s offices can be regarded as “issuing judicial authority” within the meaning of Art. 6(1) of the 2002 Framework Decision on the European Arrest Warrant (FD EAW). Uncertainties were triggered after the … Read more
EU Court of Justice of the European Union (CJEU) European Arrest Warrant Judicial Cooperation
CJEU Rules on Lawfulness of Video Surveillance in Residential Buildings 
18 February 2020 (updated 4 years, 10 months ago)
Thomas Wahl Thomas Wahl
On 11 December 2019, the CJEU ruled that national provisions which authorise the installation of a video surveillance system on buildings, for the purpose of pursuing the legitimate interest of ensuring the safety and protection of individuals and property, without the consent of the data … Read more
EU Rule of Law Court of Justice of the European Union (CJEU) Data Protection
CJEU Rules on Public Security Measure within EU Competence on Approximation of Laws 
18 February 2020 (updated 4 years, 10 months ago)
Thomas Wahl Thomas Wahl
On 3 December 2019, the CJEU dismissed an action of the Czech Republic that sought the annulment of Directive 2017/853 of 17 May 2017 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons. The case reference is C-482/17.In view … Read more
EU Rule of Law Security Union Court of Justice of the European Union (CJEU)
E-Evidence: Start of Negotiations on EU-US Agreement 
12 January 2020 (updated 3 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2019
On 26 September 2019, the European Commission announced the start of formal negotiations with the United States Department of Justice on an EU-US agreement to facilitate access to electronic evidence in criminal investigations. Both parties reaffirmed their intention to conclude an agreement as quickly as … Read more
EU Court of Justice of the European Union (CJEU) e-Evidence Law Enforcement Cooperation
First CJEU Judgment on European Investigation Order 
12 January 2020 (updated 6 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 24 October 2019, the CJEU delivered its first judgment interpreting Directive 2014/41/EU regarding the European Investigation Order in criminal matters (Case C-324/17 – Ivan Gazanozov). The case at issue dealt with the particularity of Bulgarian law that does not provide for any … Read more
EU Court of Justice of the European Union (CJEU) European Investigation Order
Spotlight CJEU: Executing Judicial Authority Must Make Precise Assessment of Detention Conditions 
12 January 2020 (updated 2 years, 9 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2019
On 15 October 2019, the CJEU (Grand Chamber) further clarified its case law as to the conditions under which the surrender of a person sought by a EAW can be refused because standards of detention in the issuing state infringe the prohibition of inhuman or … Read more
EU Court of Justice of the European Union (CJEU) European Arrest Warrant
Federal Administrative Court Refers German Data Retention Law to European Court of Justice 
12 January 2020 (updated 5 years, 6 months ago)
Christine Götz Christine Götz in Issue 3/2019
On 25 September 2019, the German Federal Administrative Court (Bundesverwaltungsgericht) decided to refer to the European Court of Justice in order to clarify whether the German data retention law is compatible with Union law.The German Federal Administrative Court now has to decide … Read more
EU Court of Justice of the European Union (CJEU) Data Protection
CJEU: Scope of EU’s Procedural Rights Directives in Procedures Ordering Committal to Psychiatric Hospital 
12 January 2020
Thomas Wahl Thomas Wahl
On 19 September 2019, the CJEU delivered a judgment dealing with the applicability and interpretation of the procedural rights directives in a situation where the judicial authorities of a Member State ordered a person be committed to a psychiatric hospital. The case (C-467/18 − … Read more
EU Court of Justice of the European Union (CJEU) Procedural Safeguards
Commission Refers New Disciplinary Regime for Polish Judges to CJEU 
11 January 2020 (updated 5 years ago)
Thomas Wahl Thomas Wahl in Issue 3/2019
After Poland failed to address the Commission’s concerns about the new disciplinary regime for Polish judges, set out in the reasoned Opinion of the Commission of 17 July 2019 (see eucrim 2/2019, pp. 81-82), the Commission referred the case to the European Court of … Read more
EU Fundamental Rights Court of Justice of the European Union (CJEU)
AG: References against Disciplinary Proceedings against Polish Judges at Ordinary Courts Inadmissible 
11 January 2020 (updated 6 years, 1 month ago)
Thomas Wahl Thomas Wahl
On 24 September 2019, Advocate General Tanchev proposed that references for a preliminary ruling of two Polish district courts voicing doubt as to the compatibility of the new disciplinary regime introduced in Poland via judicial reforms in 2017 with Art. 19(1) subpara. 1 TEU should … Read more
EU Fundamental Rights Court of Justice of the European Union (CJEU)
CJEU: Polish Retirement Rules at Ordinary Court Level Contrary to EU Law 
11 January 2020 (updated 6 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 5 November 2019, the Grand Chamber of the CJEU declared that another issue of the Polish justice reform was not in line with EU law. After having ruled on 24 June 2019 that lowering the retirement age of the Supreme Court judges is contrary … Read more
EU Fundamental Rights Court of Justice of the European Union (CJEU)
CJEU Rules on Independence of Poland’s Disciplinary Chamber of the Supreme Court 
11 January 2020 (updated 6 years, 8 months ago)
Thomas Wahl Thomas Wahl
In its judgment of 19 November 2019, the Grand Chamber of the CJEU established criteria under which the new Disciplinary Chamber of the Polish Supreme Court can be considered independent and impartial. The judgment is based on a reference for a preliminary ruling brought by … Read more
EU Fundamental Rights Court of Justice of the European Union (CJEU)
Building Extension 
20 December 2019
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 19 September 2019, the Court of Justice of the EU inaugurated its new, fifth extension to the building complex. Among the guests of honour were His Royal Highness, the Grand Duke of Luxembourg; the Prime Minister of the Grand Duchy of Luxembourg, Mr. … Read more
EU Court of Justice of the European Union (CJEU)
30th Anniversary of the General Court 
20 December 2019
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 25 September 2019, the General Court of the European Union celebrated its 30th anniversary. On 25 September 1989, the first members of the Court took up their duties after the General Court of the EU had been set up by a Council Decision … Read more
EU Court of Justice of the European Union (CJEU)
New Members of the General Court 
20 December 2019
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
For the period from 1 September 2019 to 31 August 2025, the terms of office of the following 12 Judges of the General Court were renewed: Ms Vesna Tomljenović, Ms Mariyana Kancheva, Ms Inga Reine, Ms Ramona Frendo, Mr. Anthony Collins, Mr. Stéphane Gervasoni, … Read more
EU Court of Justice of the European Union (CJEU)