Category Archives: Court of justice of the European Union

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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Poland fined €1m a day over controversial judicial system changes

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Warsaw calls European court of justice move blackmail and says penalties ‘not the right road’

Poland has been fined €1m (£845,000) a day by the European court of justice for ignoring a ruling that it must suspend its controversial judicial system changes.

The inflammatory move, which runs contrary to recent words of caution from the German chancellor, Angela Merkel, was immediately denounced in Warsaw as “blackmail”.

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Polish prime minister escalates war of words with EU over rule of law

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Mateusz Morawiecki says European court’s ‘creeping revolution’ undermines Polish sovereignty

Poland’s prime minister, Mateusz Morawiecki, has clashed with the European Commission president and MEPs after accusing EU institutions of seeking to turn the country into a province, in an escalation of the battle between Warsaw and Brussels over the rule of law.

During a heated debate in the European parliament in Strasbourg, where parallels between the Polish situation and Brexit were raised repeatedly by MEPs, Morawiecki claimed the European court of justice (ECJ) was responsible for a “creeping revolution” undermining Poland’s sovereignty.

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Brussels vows swift response to Poland’s ruling against EU law

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Ursula von der Leyen says European Commission will decide on next steps to take

The head of the European Commission has vowed a swift response to a ruling from Poland’s top court rejecting the supremacy of EU law, which has thrown relations between Brussels and Warsaw into a crisis.

Ursula von der Leyen said she was deeply concerned by Thursday’s ruling of the Polish constitutional tribunal, which concluded that basic principles of EU law were incompatible with Poland’s constitution. “I have instructed the commission’s services to analyse it thoroughly and swiftly. On this basis, we will decide on next steps,” she said in her first public statement on the matter.

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Poland vows to keep coalmine open despite €500,000-a-day ECJ fine

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Warsaw argues suspension of operations at Turów on Czech border would put its energy security at risk

Poland’s rightwing government has said it will continue to mine coal on its border with the Czech Republic despite being ordered to pay €500,000 for every day that it defies a European court of justice order to stop.

The fine was issued by the EU’s highest court on Monday after four months of Warsaw ignoring an earlier order to suspend extraction of lignite, a low-quality brown coal, at the Turów opencast mine in south-west Poland.

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