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CJEU: PNR Directive Valid if Limited to the “Strictly Necessary”
In a landmark ruling of 21 June 2022, the CJEU (Grand Chamber), upheld the EU’s regime to collect and use records of travellers, provided that it is strictly interpreted in line with the EU’s fundamental rights. In addition, indiscriminate processing of the data in cases of flights carried out only within the EU is banned unless there is a threat of terrorism. In general, the passengers’ data must also be deleted after six months at the latest.
Published 3 years, 7 months ago
News
CJEU Clarifies Exceptions to Data Retention in Irish Case
On 5 April 2022, the CJEU added another chapter to the long history of the admissibility of data retention in the EU. In a case concerning the data retention law in Ireland, the CJEU confirmed that general and indiscriminate retention of traffic and location data relating to electronic communication is contrary to Union law even if it intends to combat serious crime.
Published 3 years, 7 months ago
News
First EPPO Case before CJEU
The first case concerning the interpretation of Regulation 2017/1939 on the establishment of the EPPO is at the CJEU. In a reference for preliminary ruling by an Austria court guidance by the CJEU is sought as to which extent judicial review can be carried out in the assisting Member State if it comes to cross-border investigations within the EPPO regime.
Published 3 years, 7 months ago
News
Rules on Removing Terrorist Content Online Now Applicable
On 7 June 2022, Regulation (EU) 2021/784 on addressing the dissemination of terrorist content online became applicable. From now on internet companies in the EU must take swift measures to prevent the misuse of their services for dissemination of terrorist content.
Published 3 years, 7 months ago
News
ECA: Commission Should Dig Deeper to Fight Fraud in Agricultural Spending
In its Special Report 14/2022 (published on 4 July 2022), the European Court of Auditors (ECA) examined different patterns of fraud in the Common Agricultural Policy (CAP) and the appropriateness of the Commission’s responses to the fraud risks in agricultural spending. CAP is the largest …
Published 3 years, 7 months ago
News
ECA: Internal Border Control during Pandemic Largely Unjustified
An ECA report concluded that the limitations of the legal framework hampered the Commission’s supervision of free movement restrictions imposed by the Member States during the COVID-19 pandemic in 2020/2021. Furthermore, the Commission did not exercise proper scrutiny to ensure that internal border controls complied with the Schengen legislation.
Published 3 years, 7 months ago
News
ECA: EU’s IPR Protection Not Fully Waterproof
The EU’s legal framework for the protection of intellectual property rights is generally solid and robust, but a number of shortcomings in several areas still exist, says a special report that was presented by the European Court of Auditors at the end of April 2022.
Published 3 years, 7 months ago
News
EP’s Statement on Annual PIF Report 2020
In a resolution of 7 July 2022, the European Parliament (EP) assessed the findings of the annual report 2020 on the protection of the EU’s financial interests. MEPs stressed the need for strong controls over the EU spending under the MFF and the RRF and made several calls on the European institutions and bodies and the Member States to do more to protect the EU's taxpayers money.
Published 3 years, 7 months ago
News
MEPs Blame Hungary for Blocking Historic Tax Deal
In a resolution of 6 July 2022, the European Parliament expressed its dissatisfaction with the blocking of EU rules on global minimum effective corporate taxation for large group companies. A planned Council Directive on “ensuring a global minimum level of taxation for multinational groups …
Published 3 years, 8 months ago
News
EU and Norway Want to Improve Cooperation in Combating VAT Fraud
On 17 June 2022, the Council authorised the Commission to negotiate with Norway the revision of the agreement between the EU and Norway on administrative cooperation, combating fraud and recovery of value added tax (VAT) claims. The agreement enables the tax authorities of the EU …
Published 3 years, 8 months ago