Il monitoraggio delle decisioni nazionali d’interesse per l’Unione Europea: overview da settembre 2023 ad aprile 2024
08 Luglio 2024
Riportiamo di seguito le decisioni degli organi giurisdizionali degli Stati membri che interessano il diritto comunitario, alla luce delle questioni di diritto affrontate di particolare interesse.
Consumer protection - Unfair terms - Mortgage loan indexed to a foreign currency;
Border controls, asylum and immigration - Withdrawal of a settlement permit on security grounds - Obligatory reference for a preliminary ruling
Obligation to make a reference for a preliminary ruling - Right to a court of law - Action for annulment of a judgment at last instance
Taking into account a conviction handed down in another Member State in the course of new criminal proceedings - Decision not included in the extract from the criminal record
Value added tax (VAT) - Mixed taxable person - Direct effect - Calculation method based on the amount of turnover to determine the deductible proportion in respect of common costs;
Protection of personal data - Press article about a figure - Infringement of the right to respect for private life;
Request for extradition by a third State for the purpose of prosecution - Ukraine - Refusal to execute;
Public procurement - Legitimate interest of an excluded tenderer in contesting the correctness of the successful tender - Grounds on which to rely;
Budgetary policy - EU own resources - ‘Next Generation EU’ recovery plan;
Obligation to make a reference for a preliminary ruling - Right to a court of law - Annulment of a judgment given at last instance;
Family reunification - Derived refugee status - Child born and recognised as a refugee in the host State;
Budget - Supplementary Budget Act 2021 - Reallocation of budgetary authorisations – Unconstitutionality;
Civil law - Medical liability - Failure to provide information about the unborn child’s disability;
Border controls, asylum and immigration - Right to effective access to the labour market for asylum seekers - Employment of up to 24 weeks per year;
Environment - Tax on the departure of passengers from a Belgian airport - Chicago Convention;
Immigration policy - Withdrawal of residence permit - Opinion of the intelligence service;
Agreement on the withdrawal of the United Kingdom - Temporary residence permit - Jurisdiction of the Council of State to order interim measures - Clear act;
Border controls, asylum and immigration - Setting migration ceilings - Fingerprinting without consent;
Protection of personal data - Baptism register of the Catholic Church - Right to object;
Parliamentary electoral procedure - Minimum electoral threshold of 2% - European elections of 2024;
Protection of personal data - Regulation 2016/679 - Conditions governing the lawfulness of processing;
Protection of workers’ health and safety - Organisation of working time - Entitlement to annual paid leave - Suspension of employment contract due to illness or accident;
Social policy - Institutions for occupational retirement provision - Obligation on pension funds to hold own funds;
Citizens of third countries - Long-term residents - Documentary burdens - Conformity of a regional law with the Constitution;
Taxation - Regulation No 549/69 - Retirement pensions of former Members of the European Parliament - Additional national taxes;
Public procurement - Directive 2014/24/EU - Public procurement principles - Limits to the obligation to request additional information;
Public education service - Award of additional promotion points to male teachers who have served in the National Guard – Eligibility;
Agriculture - Designations reserved for dairy products - Plant-based alternatives;
Protection of personal data - Search engine - Deletion of search results - Right to be forgotten and right to object - Balancing of interests - Regulation 2016/679;
Copyright - Performance in public of recordings of more than one musical work without the consent required by law - Irrelevance of the number of musical works performed;
Asylum policy - Dublin III Regulation - Safe third country;
Environment - Assessment of the effects of certain projects on the environment - Undersea rail tunnel between Finland and Estonia;
Right - to parenthood - Biological father - Contested paternity - Unconstitutionality. |