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EU Law Blog

This is a web log about European Union law for students, academics, practitioners and anyone else who may be interested in it

Last Build Date: Sat, 19 Mar 2011 08:54:52 -0700


Patent Court, National Courts and EU Law: Opinion 1/09

Sat, 19 Mar 2011 08:54:52 -0700

The Court of Justice has handed down a very significant Opinion in Case Opinion 1/09 on the compatibility with EU law of a draft agreement which aims to set up a new European Patent Court system. We’ve written about that...

Court Statistics for 2010

Thu, 03 Mar 2011 09:47:50 -0800

The Court of Justice, the General Court and the Civil Service Tribunal have published a summary of their case statistics for 2010. There's good news and bad news. The good news first: The average time for dealing with cases before...

Cannabis, Coffee Shops, Non-Discrimination and Public Policy: Case C-137/09

Tue, 28 Dec 2010 09:27:51 -0800

The Court of Justice has handed down an intriguing judgment in Case C-137/09 Marc Michel Josemans v. Burgemeester van Maastricht about the right to restrict the access of non-residents to places called "coffee shops" which sell dope legally in the...

Population, Voting in Council and Qualified Majority: Council's Rules of Procedure

Mon, 27 Dec 2010 05:25:58 -0800

Season's greetings, Dear Readers ! To help you in those end of year trivia quizzes, you'll be pleased to know that the Council has once again amended its Rules of Procedure to quantify the 62% population threshold set out in...

New Commission Communication on Penalty Payments in Infringement Procedures: Article 260 §3

Sat, 11 Dec 2010 08:45:53 -0800

Consequently, since the entry into force of the Lisbon Treaty, if the Commission considers that a member State has not complied with a Court judgment, it has to accomplish only one pre-litigation procedural step, namely the sending of a letter of formal notice requesting the member State to submit its observations. ... The second change is more substantial: the Commission can propose to the Court, even at the stage of the infringement proceedings pursuant to Article 258 (ex Article 226 TEC), that it impose a lump sum or penalty payment in the same judgment which finds that a Member State has failed to fulfill its obligation to notify measures transposing a directive adopted under a legislative procedure.

Workload of the Court of Justice: The House of Lords EU Committee Inquiry

Wed, 08 Dec 2010 07:59:32 -0800

The House of Lords European Union Select Committee - of which we are big fans - is currently conducting an inquiry into the workload of the Court of Justice and the impact of the Lisbon Treaty. In the words of...

Internet Sales, Jurisdiction and Consumer Protection: Joined Cases C-585/08 and C-144/09

Tue, 07 Dec 2010 14:01:03 -0800

The Court of Justice has handed down an interesting, well written and important judgment on the competent jurisdiction to deal with disputes concerning services offered on the internet in Joined Cases C-585/08 and C-144/09 Pammer and Hotel Alpenhof. The Court...

Bilateral Investment Treaties, Arbitration and EU Law: Eureko BV v Slovak Republic

Sat, 27 Nov 2010 14:08:02 -0800

We may have hinted at this before: Bilateral investment treaty litigation is the new, big frontier of EU law. This arbitral award in the case of Eureko BV v. The Slovak Republic will delight some, worry others. The story, much...

New Financial Market Supervision Authorities: Interesting Article

Wed, 17 Nov 2010 03:57:21 -0800

The enduring financial crisis in Europe has exposed a tremendous weakness in the supervision of financial markets. What supervision was actually exercised not only failed to prevent a crisis but may have precipitated it. In September 2010, the European Parliament...

New Framework Agreement between the European Parliament and Commission

Sun, 14 Nov 2010 07:17:44 -0800

There's big trouble brewing between the Council and the Commission. The European Parliament and Commission have, apparently, concluded a new "Framework Agreement" on how the two institutions should coöperate (for a press release see here). This new agreement, signed on...