Latest posts
Citizenship on the move
NEW
Ibrahim, Teixeira and Rottmann are a trinity of recent citizenship cases that prove how the Court can strive to move on in sensitive areas, despite recent drawbacks. Ibrahim and Teixeira are vivid family rights cases in which social advantages of non...
New Judges at the ECJ and the General Court
NEW
The Netherlands has recently made public its proposal to the Council for the replacement of judges Timmermans and Meij, who will shortly leave the European Court of Justice and the General Court, respectively. The government has proposed Sacha Precha...
The 2009 Top-Ten and Five
NEW
2009 is now long past and gone and Adjudicating Europe sees the time fit for some retrospection. The past year was probably not the most glorious for the European Court of Justice. No groundbreaking decisions seem to have been delivered, and no major...
Blogsphere at last?
NEW
In Adjudicating Europe’s Opening Post, the Editors were critical of the lack of a fully-developed blogsphere on European Union Law. But Julien Frisch, in his Watching Europe blog, has proved that the EU Law blogsphere is coming alive! In an exc...
In Defence of Paragraph 22
NEW
The Court of Justice in Kücükdeveci (para 21) has clearly confirmed its decision in Mangold (para 75). Indeed, it made clear that the existence of a principle of non-discrimination on grounds of age must be regarded as a general principle of Europe...
Pierre Pescatore
NEW
Today, on 2 February 2010, Pierre Pescatore passed away. European Law, Law, Europe, has lost a great mind, a great man, a great European. Hardly any single individual has contributed to European Law in the way and scope that Pierre Pescatore did. We...
Making history, making Law
NEW
Kücükdeveci is a groundbreaking decision. For the first time, direct effect has given way to the principle of primacy as the cornerstone of EU Law. The relevant applicative criterion is not the concrete content of the provision nor its ability to c...
Mangold II
NEW
I have read the Kücükdeveci judgment with great interest. I am happy for Ms Kücükdeveci. She has won her case. However, I am not sure about the reasoning of the Court. If my reading of the decision is correct, then the Court has laid down the fol...
Transportes Urbanos
NEW
Is the preliminary reference procedure equivalent to a constitutional reference before a Constitutional Court under national law? The question appears even more important when dealing with national systems with “concentrated” (as opposed...
Watch out for…
NEW
On Tuesday, the Court’s Grande Chambre will deliver its highly awaited decision in the Kücükdeveci case, an important reference on the scope of Directives with horizontal effect and the duties of national judges to set aside national legislat...
Happy New Year!
NEW
Dear readers, Adjudicating Europe wishes you all a very happy and good new year. Also, we want to thank you for making this blog a huge success. Since September 2009, Adjudicating Europe has received 79519 pageviews, quite an accomplishment consideri...
M/EMEA: the ECJ’s First Review Judgment Ever
NEW
The ECJ has issued today its first review judgment in case M/EMEA, pursuant to former article 225 TEC (now 256.2 TFEU), against a decision of the CFI that ruled on an appeal against an Order of the EU Civil Service Tribunal. It is an important judgme...
Judicial dialogue and champagne corks (but it is not Christmas yet!)
NEW
On Monday December 7, the Court held a hearing in case C-403/09 Deticek. The case concerns interpretation of Article 20 of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgmen...
Guest Blogger: Anders Kruse on the Laval judgment of the Swedish court. The Laval case finally settled?
NEW
On 2 December 2009, almost two years after the landmark preliminary ruling of the European Court of Justice (ECJ) on 18 December 2007 in case C-341/05, the Swedish Labour Court published its 60-page judgment in the Laval case. The Labour Court, apply...
For the sake of cooperation
NEW
The idea of a dialogue amongst judges is a classic in EC law. The preliminary reference procedure is the communicative device through which national judges and the ECJ converse over the interpretation of Community provisions, and it serves a pragmati...
Arbetsdomstolen and Laval
NEW
Yesterday in Laval, the Swedish labour court awarded to the Latvian company (Laval un Partneri) around 50 000 euros (550 000 kr) in general damages for a breach of Article 49 EC (Article 56 TFEU) and around 200 000 euros for reimbursement of the judi...
New Advocate General appointed at the ECJ
NEW
Mr. Pedro Cruz Villalón has been appointed Advocate General at the European Court of Justice, replacing Dámaso Ruiz-Jarabo Colomer after his sudden death. The meeting of the Permanent Representatives of last 30th November accepted Spain’s pro...
Let the implementation begin!
NEW
As the Lisbon Treaty was about to enter into force the European Commission presented an initiative to fill in gaps left by the big politics. What is at stake? The citizens right to propose legislation! Is this an attempt to introduce some true democr...
The European Community is dead…long live the European Union
NEW
After the ratification drama the Treaty of Lisbon has just entered into force. It may not be the best piece of legislation ever, written in a very clear fashion and filled with much desired rules. Like any law, be it national, international or EU, it...
Guest Blogger: Vihar Georgiev on the EU emissions trading scheme. A judicial approach
NEW
Two decisions of the Court of First Instance back in September stirred the waters of the European Union Emissions Trading Scheme (ETS). But why is this important? We are coming closer to some sort of a climate change deal covering the period after 2...
