Category Archives: Charter of Fundamental Rights

Case C-295 P Telefónica SA v Commission: the EU judicature’s unlimited jurisdiction in competition cases

The Court of Justice (“CoJ”) handed down its judgment in a very interesting abuse of dominance case, namely Case C-295/12 P Telefónica SA v Commission on 10 July 2014. The judgment deals with many interesting 102 TFEU related issues; so several posts will follow. In this post though, I would like to touch upon the very well-structured reiteration of the previous case-law of the CoJ regarding the EU judicature’s obligation to carry out a review exercising its powers of unlimited jurisdiction, basically Case C-386/10 P Chalkor v Commission, Case C-272/09 P KME v Commission and Case C-501/11 P Schinlder Holding  v Commission. Continue reading

Case C-56/13 Érsekcsanádi Mezőgazdasági Zrt: EU measures, national measures and the right to damages

The judgment of the Court of Justice in Case C-56/13 Érsekcsanádi Mezőgazdasági Zrt illustrates the reach and the limits of EU law and its principles, in particular the right to compensation.

To see those limits, you need a little patience to go through the salient facts. Continue reading

Joined CasesC-293/12 and C-594/12 Digital Rights Europe Ltd and others : Invalidity of Data Retention Directive

Boum ! The Court of Justice has declared that the Data Retention Directive, Directive 2006/24/EC, is invalid in today’s judgment in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland Ltd and Kärntner Landesregierung and others.

Not only that, but the Court says some important things about judicial review, legislative discretion and compliance with the principle of protection of personal data: in matters of privacy and the protection of personal data, legislative discretion is reduced, therefore judicial review is strict.

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EU Charter of Fundamental Rights: Application in the United Kingdom and the House of Commons Report

The House of Commons European Scrutiny Committee of the United Kingdom Parliament has published an interesting report on the confused state of application of the EU Charter of Fundamental Rights in national law.

You can access the report here.
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Case C-206/13 Siragusa: the Scope of the Charter of Fundamental Rights, Preliminary References and National Law

The Court of Justice handed down an interesting decision on 6 March 2014 in Case C-206/13 Cruciano Siragusa v Regione Sicilia. The judgment does two things: it declines to answer a preliminary question referred to it on the grounds it has no jurisdiction and it describes when the Charter of Fundamental Rights and the general principles of EU law come into play and when they don’t.

In short, the judgment doesn’t say anything especially new but it does set out clearly when there is a connection can be established between national litigation and EU law.  Continue reading