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CJEU Sets Conditions for Surrender of Minors
On 23 January 2018, the CJEU delivered its judgment in the Piotrowski case (C-367/16). The case had been referred to the CJEU by the Court of Appeal, Brussels/Belgium and concerned the scope and possible depth of examination as to the ground for refusal …
Published 7 years, 9 months ago
News
CJEU Interprets Refusal Ground of Trials in absentia in the Context of Revocation of Suspended Convictions
Courts are increasingly encountering the problem of whether the newly introduced Art. 4a of the FD EAW (which regulates the conditions under which a EAW can be refused if the person is not present in the “trial resulting in the decision”) applies to decisions taken …
Published 7 years, 9 months ago
News
Draft Regulation on Mutual Recognition of Confiscation and Freezing Orders Passes First Review in the EP
On 17 January 2018, the European Parliament confirmed that MEPs can start trilogue negotiations with the JHA Council and the Commission as regards the legislative draft on a regulation on mutual recognition of freezing and confiscation orders. The confirmation goes back to Rule 69c …
Published 7 years, 9 months ago
News
CJEU: Acquittal in Criminal Proceedings Can Block Administrative Fines
On 20 March 2018, the CJEU rendered decisions in two cases that dealt with another aspect within the framework of the admissibility of the duplication of administrative and criminal penalties under EU law. The joined cases C-596/16 and C-597/16 (Enzo Di Puma and Antonio …
Published 7 years, 9 months ago
News
CJEU: Italian Legislation Combining Administrative and Criminal Sanctions Against Market Manipulation Does Not Respect EU’s ne bis in idem Principle
In a judgment of 20 March 2018 on the combination of administrative and criminal proceedings/penalties, the CJEU ruled that Art. 50 CFR precludes national legislation that allows an administrative proceeding imposing penalties of a criminal nature for unlawful conduct consisting in market manipulation for which …
Published 7 years, 9 months ago
News
CJEU: Criminal Penalty in Addition to Penalty in Tax Proceedings to Combat VAT Fraud Possible
In the case C-524/15, Luca Menci, the CJEU had to give guidance as to whether criminal proceedings against an individual – for the same act – can be brought after an administrative penalty was already imposed for not having paid high amounts of …
Published 7 years, 9 months ago
News
CJEU Delivers Leading Judgments on Combination of Administrative and Criminal Penalties
On 20 March 2018, the CJEU delivered three judgments that addressed a fundamental question in relation to the ne bis in idem principle as set out in Article 50 CFR, namely whether it is possible to combine administrative and criminal proceedings/penalties.Art. 50 of the …
Published 7 years, 9 months ago
News
European Data Protection Day – EU Enters Into New Era in 2018
28 January marks European Data Protection Day. In a joint statement in advance year’s (published on 26 January 2018), four Commissioners stressed that 2018 is going to be a landmark year for data protection in Europe. They mainly referred to the General Data Protection Regulation …
Published 7 years, 9 months ago
News
Commission Prepares for Effective Implementation of New EU Data Protection Legislation
25 May 2018 marks the date of the direct applicability of the General Data Protection Regulation (GDPR), two years after its adoption and entry into force. The GDPR will bring about a significant change in the data protection landscape of the EU, since it replaces …
Published 7 years, 9 months ago
News
Partial Success for Schrems’ Campaign Against Facebook
On 25 January 2018, the CJEU decided on the place of jurisdiction in a case of alleged privacy violations and the question of whether a class action is possible against social media companies (Case C-498/16).The background of the case is a …
Published 7 years, 9 months ago