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EUPLO @CJEUprocedure

EU Procedural Law Observatory - Updates on procedure before the CJEU and the EU's system of legal remedies - Observing to inform - #EUPLO - RT is no endorsement Joined June 2020
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CJEUprocedure Profile Picture

EUPLO @CJEUprocedure

5 years ago

Request for legal aid suspends time limits to bring annulment action. No second request for legal aid required to suspend time limits of action against act replacing/modifying act in relation to which legal aid was requested (T‑151/18, 28.10.20) tinyurl.com/yydbbp9z #EUPLO

CJEUprocedure Profile Picture

EUPLO @CJEUprocedure

5 years ago

Dehousse case rejected by GC: explanations of CJEU as to why requested documents do not exist are sufficient according to GC. Outgamed. (T-857/19, 28.10.20) tinyurl.com/y4o4m6yr #EUPLO

CJEUprocedure Profile Picture

EUPLO @CJEUprocedure

5 years ago

Consequence of appeal not carefully drafted. Party gains access to redacted proposal of Executive Board because @ecb appeal against operative part of GC judgment allowing access was not supported by specific grounds: inadmissible(C‑396/19P,21.10.20) tinyurl.com/y6hqbhbx #EUPLO

CJEUprocedure Profile Picture

EUPLO @CJEUprocedure

5 years ago

Interesting case on subjective analysis of art. 263(4)TFEU & 'not entailing implementing measures': #ECJ rejects again idea of useless applications to national authorities in order to obtain challengeable act at national level: C-313/19 P(28.10.20) tinyurl.com/yy7zvlmk #EUPLO

CJEUprocedure Profile Picture

EUPLO @CJEUprocedure

5 years ago

Judgment in C‑119/19 P & C‑126/19 P (8.9.20) provides nice illustration of direct connection requirement for admissibility of plea of illegality per Art 277 TFEU: decision based on transitional regime can be used to attack legality of final regime tinyurl.com/y4q2dyr7 #EUPLO

CJEUprocedure Profile Picture

EUPLO @CJEUprocedure

5 years ago

Staff litigation always entails questions of procedure. In T-131/20 (2.9.20), question of correspondence between administrative and court procedure as well as whether breach of duty to be heard provokes annulment of decision are dealt with tinyurl.com/y4j3gfym #EUPLO

CJEUprocedure Profile Picture

EUPLO @CJEUprocedure

5 years ago

Environmental justice is still not in fashion at #CJEU: appeal by NGO against GC decision rejecting annulment of Commission refusal to reevaluate #glyphosate approval turned down (C-784/18 P (3.9.20)) Reasoning rather familiar for procedural lawyers tinyurl.com/yyf2tmlm #EUPLO

CJEUprocedure Profile Picture

EUPLO @CJEUprocedure

5 years ago

C-742/18 P (3.9.20): burden of proof issues in EAGF field: mere discrepancy between traditional and remote sensing on-the-spot checks not sufficient to raise serious and reasonable doubts about effectiveness of checks carried out by MS authorities tinyurl.com/y5lakv8h #EUPLO

CJEUprocedure Profile Picture

EUPLO @CJEUprocedure

5 years ago

C-817/18 P (3.9.20) illustrates formal nature of appeal procedure. A response lodged per Art 172 RoP can't raise new appeal grounds. If grounds in response differ from main appeal, cross-appeal should be brought in separate document per Art 176 RoP tinyurl.com/y2tkvsek #EUPLO

CJEUprocedure Profile Picture

EUPLO @CJEUprocedure

5 years ago

A new #CJEU season has kicked off! Already some interesting decisions from a procedural point, although not spectacular. Most interesting case is C‑817/18 P, dealing with cross-appeal technicalities. Further: procedural issues in staff litigation & agricultural funds cases #EUPLO

CJEUprocedure Profile Picture

EUPLO @CJEUprocedure

5 years ago

The @EUCouncil appointed 2 new judges to @EUCourtPress and reappointed CJ president as judge from 2021. Boldest move: appointment of replacement for AG Sharpston. No doubt she will anew apply for judicial review - issue raises many questions tinyurl.com/y2mukjd6 #EUPLO #brexit

CJEUprocedure Profile Picture

EUPLO @CJEUprocedure

5 years ago

Challenges to calculation of contributions to Single Resolution Fund are now a yearly phenomenon before #GC, some banks trying each year: tinyurl.com/y3k7ljkm (OJ, 31.07.20) Generally, Banking Union cases are becoming an important part of GC caseload: need to specialise?#EUPLO

CJEUprocedure Profile Picture

EUPLO @CJEUprocedure

5 years ago

A very interesting case! One may even wonder whether adding extra conditions for state liability is at all within the Member States' competences subject to equivalence & effectiveness. Good case to decide on division of powers on this point as well. #EUPLO

EulawLive Profile Picture

EU Law Live @EulawLive

5 years ago

A very interesting case! One may even wonder whether adding extra conditions for state liability is at all within the Member States' competences subject to equivalence & effectiveness. Good case to decide on division of powers on this point as well. #EUPLO

CJEUprocedure Profile Picture

EUPLO @CJEUprocedure

5 years ago

Jurisdiction of #ECJ over future EU-UK relations: @EU_Commission suggests France should negotiate for ECJ jurisdiction in bilateral agreement with UK over #eurotunnel - ECJ jurisdiction out for EU-UK FTA but in for Canterbury Agreement? See tinyurl.com/y5tsbdtt #EUPLO #Brexit

CJEUprocedure Profile Picture

EUPLO @CJEUprocedure

5 years ago

A different perspective compared to what has appeared in the mainstream media sofar on the conditionality of the #EU recovery fund agreed by the #EUropeanCouncil. Agree? #EUPLO #RuleOfLaw

EulawLive Profile Picture

EU Law Live @EulawLive

5 years ago

A different perspective compared to what has appeared in the mainstream media sofar on the conditionality of the #EU recovery fund agreed by the #EUropeanCouncil. Agree? #EUPLO #RuleOfLaw

CJEUprocedure Profile Picture

EUPLO @CJEUprocedure

5 years ago

General Court partially grants application for confidential treatment of submissions in annulment proceedings against inspection decision of @EU_Commission - Confidentiality vis-à-vis intervening Member State (Germany) (T-514/18, 14.7.20) tinyurl.com/y4y5plow #EUPLO #CJEU

CJEUprocedure Profile Picture

EUPLO @CJEUprocedure

5 years ago

General Court dismisses action for failure to act against @EU_Commission for not adopting act maintaining #EU citizenship for UK citizens after #Brexit - Action inadmissible as Commission has no power to adopt such act tinyurl.com/y6yr4wtd #EUPLO #CJEU

CJEUprocedure Profile Picture

EUPLO @CJEUprocedure

5 years ago

Identification of challengeable act in multi-stage decisionmaking often problematic. GC dismisses action against @EU_ECHA including substance on list for being of very high concern. Prior identification of substance by @EU_Commission is relevant act #EUPLO tinyurl.com/yyvgpxzl

CJEUprocedure Profile Picture

EUPLO @CJEUprocedure

5 years ago

#GeneralCourt dismisses action for failure to act (265 TFEU) against #EuropeanCouncil in which member of Czech Parliament asked EC to exclude Czech PM from its meeting: no interest, no obligation to act, position defined (T-715/19, 17.7.20) tinyurl.com/y5cegc5g #EUPLO #CJEU

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