Category Archives: Court of justice of the European Union

Thousands of hotels in Europe to sue Booking.com over ‘abusive’ practices

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Class action lawsuit argues the online travel platform distorted market with ‘best price’ clauses

Booking.com is facing a class-action lawsuit from more than 10,000 European hotels arguing that the accommodation mega-site used its muscle to distort the market to their detriment over a 20-year period.

The Association of Hotels, Restaurants and Cafes in Europe (Hotrec), which represents the industry within the EU and is bringing the legal action, recently extended to 29 August a deadline for hotel owners to join the suit because of high demand.

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Hungary’s crackdown on LGBTQ+ content violates human rights, says EU’s top court

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ECJ advocate general condemns ‘stigmatising’ law that bars such content from schools and primetime TV

A Hungarian law banning content about LGBTQ+ people from schools and primetime TV has been found to violate basic human rights and freedom of expression by a senior legal scholar at the European court of justice.

The non-binding opinion from the court’s advocate general, Tamara Ćapeta, issued on Thursday, represents a comprehensive demolition of the arguments made by the Hungarian government defending its so-called childprotection law, passed in 2021.

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Malta’s ‘golden passport’ scheme ruled to be illegal by EU’s top court

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Long-awaited ruling means cash-for-citizenship programme that allowed people to live and work in bloc must be scrapped

The European court of justice has ruled that Malta’s “golden passport” scheme is illegal, meaning its cash-for-citizenship programme must be scrapped.

In a long-awaited ruling on Tuesday, the EU’s top court concluded that Malta’s investor citizenship scheme was contrary to EU law. Judges said the scheme represented a “commercialisation of the grant of the nationality of a member state” and by extension EU citizenship, which was at odds with European law. Malta had jeopardised the mutual trust between EU member states necessary to create an area without internal borders, the court argued.

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Italy sends 49 refugees to Albania in bid to resume disputed scheme

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Latest push to process migrants in Balkan country despite court challenge comes amid increase in boat arrivals

Italy has transported 49 people to Albania, in the latest push by Giorgia Meloni’s government to enforce a legally disputed plan to have asylum claims processed in the Balkan country as part of a hardline policy critics have called “disgraceful”.

The Italian navy ship Cassiopeia arrived at Shëngjin port on Tuesday morning carrying passengers intercepted on Saturday in the Mediterranean south of the island of Lampedusa. They will be identified and have a health check before being transferred to a detention centre in Gjadër, about 12 miles away.

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Intel wins lengthy EU legal battle over £880m competition fine

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Chipmaker disputed 2009 decision that it abused its market position in case dating back two decades

The US chipmaker Intel has won a long-running battle to quash a fine of more than €1bn imposed by the European Commission for allegedly abusing its market dominance in the sale of computer chips.

In a final ruling on Thursday, theEuropean court of justice upheld an earlier judgment that had quashed the €1.06bn (£880m) fine and partly dismissed the charges of anticompetitive behaviour.

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Meloni’s government passes new law to save Albania migration transfer policy

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Move by Italian PM overturns ruling by a Rome court that could have blocked deal to curb migrant arrivals

Italy’s far-right government has passed a new law to overcome a court ruling that risks blocking the country’s multimillion-dollar deal with Albania aimed at curbing migrant arrivals.

On Friday, a court in Rome ruled to transfer back to Italy the last 12 asylum seekers being held in the new Italian migration hub in Albania. The ruling has cast doubt on the feasibility and legality of plans by the EU to explore ways to establish migrant processing and detention centres outside the bloc as part of a new hardline approach to migration.

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EU court rules gender and nationality enough to grant Afghan women asylum

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ECJ ruling follows Afghan women’s challenge to Austrian court refusal to give them refugee status

The European court of justice (ECJ) has ruled that gender and nationality alone are sufficient grounds for a country to grant asylum to women from Afghanistan, where the ruling Taliban have sharply curtailed women’s rights.

Authorities in Austria refused refugee status to two Afghan women after they applied for asylum in 2015 and 2020. The women challenged the refusal before the Austrian supreme administrative court, which in turn requested a ruling from the ECJ, the top European Union court.

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Top EU court to rule in €13bn Apple case that could hit ‘sweetheart’ tax deals

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Long-running legal battle began in 2016 after bloc’s competition chief said iPhone maker had benefited from unfair tax breaks in Ireland

The EU’s top court will rule whether the European Commission was right to demand that €13bn (£11bn) in “illegal” tax breaks for Apple should be repaid, in a judgment likely to have far-reaching effects on “sweetheart” deals for large multinationals.

A ruling due on Tuesday from the European court of justice (ECJ) may bring an end to a bitter legal saga that began in 2016 when the EU competition chief, Margrethe Vestager, concluded the iPhone maker had benefited from billions worth of unfair tax breaks from the Irish government.

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ECJ to fine Hungary €1m a day until it complies with EU refugee laws

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European court also orders Budapest to pay €200m for ‘unprecedented’ breach of rules

Hungary has been ordered to pay a €200m (£169m) fine for its refusal to uphold the rights of asylum seekers in what was described as an “unprecedented” breach of EU law by the bloc’s highest court.

The European court of justice in Luxembourg also ordered Budapest to pay €1m a day until it complies with EU laws guaranteeing refugees the right to claim asylum inside Hungarian borders.

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Big Mac v Supermac’s: McDonald’s loses EU trademark fight

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Ruling by European court of justice ends 17-year legal tussle between Irish chain and global rival

The small Irish takeaway chain Supermac’s has won a David v Goliath court battle with McDonald’s over the use of the Big Mac trademark, paving the way for it to open outlets across Europe.

The ruling also means the US-founded fast food multinational has lost the right to use the name “Big Mac” in the EU in relation to chicken burgers.

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Negotiators make breakthrough in Northern Irish protocol dispute

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Agreement on food and animal health checks ‘close to being done’, but no progress on trickier issues

EU and UK negotiators have made a breakthrough in reducing checks on goods moving between Great Britain and Northern Ireland, as part of efforts to resolve the long-running dispute over the Northern Irish protocol.

A senior EU official confirmed to the Guardian that an agreement on food and animal health checks was “close to being done” as part of a deal that would create red and green lanes at Northern Irish ports to differentiate between goods staying in the region and those moving south to the EU’s single market.

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NI protocol: UK and EU agree deal on trade data sharing

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Agreement provides real-time information on goods going from Great Britain to Northern Ireland

The UK and the EU have reached an agreement on access to a new British database providing real-time information on goods going from Great Britain to Northern Ireland, in the first sign of progress in talks over the controversial Brexit protocol.

The foreign secretary, James Cleverly, and the European Commission vice-president, Maroš Šefčovič, described a meeting in London today as “cordial and constructive” in a joint statement.

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Viktor Orbán’s grip on Hungary’s courts threatens rule of law, warns judge

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Csaba Vasvári’s claims of ‘overreach’ follow freeze on EU funds over concerns about judicial independence

Viktor Orbán’s government is “constantly overreaching” its authority to sway the courts, a senior judge has said, in an intervention that will deepen alarm about the rule of law in Hungary.

In rare comments that lift the lid on the Hungarian government’s assault on judicial checks and balances, Csaba Vasvári, a senior judge at the Budapest metropolitan court, told the Observer that he and his colleagues on the bench “have been witnessing external and internal influence attempts” for several years. Vasvári, who has worked as a judge for 18 years, is a spokesperson for the National Judicial Council, a self-governing body that has been battling to defend judges’ independence for more than a decade.

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EU launches four more legal cases against UK over Northern Ireland protocol

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New cases come on top of three others already in motion heading to European court of justice

The EU has expressed its anger over the backing given by MPs for legislation overriding post-Brexit arrangements for Northern Ireland by launching a further four legal cases against the UK government.

The claims concern past failures to implement the 2019 deal agreed with Boris Johnson but the EU has been spurred to act by the passage through parliament of a bill that would rip up current arrangements.

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UK faces large EU bill over Chinese imports fraud

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Court rules government failed to fulfil obligation to collect correct amount of customs duties and VAT

The British government faces paying a hefty charge to the EU after the European court of justice ruled it had been negligent in allowing criminal gangs to flood European markets with cheap Chinese-made clothes and shoes.

Publishing its final ruling on Tuesday, the court concluded that the UK as member state had “failed to fulfil its obligations” under EU law to combat fraud and collect the correct amount of customs duties and VAT on imported Chinese goods. The failures by HMRC date from 2011 to 2017.

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Britons living in EU can’t keep pre-Brexit rights, European court advised

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Blow to UK nationals as advocate general finds against Alice Bouilliez, who objected to losing voting rights

The European court of justice has been advised that British nationals living on the continent do not keep the advantages of EU citizenship now the UK has left the bloc, in a blow to campaigners fighting to keep more of their rights after Brexit.

Anthony Collins, an Irish advocate general at the court, said in an opinion published on Thursday that British nationals “who enjoyed the benefits of union citizenship do not retain those advantages following the UK’s withdrawal from the EU”.

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Polish deputy PM says Germany wants to turn EU into ‘fourth reich’

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Jarosław Kaczyński’s remarks in far-right newspaper are latest episode in Poland’s lengthy standoff with EU

The head of Poland’s ruling party, Jarosław Kaczyński, has said Germany is trying to turn the EU into a federal “German fourth reich”.

Speaking to the far-right Polish newspaper GPC, the head of the Law and Justice party (PiS) said some countries “are not enthusiastic at the prospect of a German fourth reich being built on the basis of the EU”.

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‘The fight goes on’: the struggle to save Europe’s songbirds

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Campaigners help close the loophole allowing glue-trapping in France, but the battle to save endangered bird species goes on

“Chasse à la glu has ended, but the fight to save other birds is not over,” says campaigner Yves Verilhac. “We are now battling to stop other cruel hunting methods that lead to the killing of skylarks, lapwings, golden plovers, thrushes and blackbirds.”

Two years ago, Verilhac, of France’s Ligue pour la Protection des Oiseaux (LPO), was fighting to stop the French tradition of chasse à la glu – hunting songbirds with twigs and branches covered in adhesive.

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Fortress Europe: the millions spent on military-grade tech to deter refugees

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We map out the rising number of high-tech surveillance and deterrent systems facing asylum seekers along EU borders

From military-grade drones to sensor systems and experimental technology, the EU and its members have spent hundreds of millions of euros over the past decade on technologies to track down and keep at bay the refugees on its borders.

Poland’s border with Belarus is becoming the latest frontline for this technology, with the country approving last month a €350m (£300m) wall with advanced cameras and motion sensors.

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ECJ adviser backs rule-of-law measure in blow to Poland and Hungary

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Court advised to dismiss challenge against law that lets EU block funds to states that curb judicial independence

EU authorities can cut funds to member states that are corrupt and curb independent courts, a senior adviser to the bloc’s top court has said.

In a setback for the nationalist governments of Poland and Hungary, a European court of justice senior lawyer said a law linking EU funds to respect for the rule of law was legally sound.

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