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
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.
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