In a judgment dated 3 April 2024, the Swiss Supreme Court (the “SSC”) rejected Spain’s challenge of an arbitral award rendered in an intra-EU arbitration under the Energy Charter Treaty (the “ECT”). This post addresses the most salient point of this decision, i.e. the SSC’s rejection of the Achmea and Komstroy judgments of the Court […]
Giulia Calini, LL.M. in Law and Sustainable Development, University of Milan. The European Union’s decisions are taken on the basis of the rule of law, which EU Justice Commissioner Viviane Reding defined as ‘a system in which no one, no government, no public official, no dominant company, is above the law. It means equality before […]
On October 10, 2024, the Council of the European Union (the “Council”) adopted the EU’s new regulation on horizontal cybersecurity requirements for products with digital elements (the “Cyber Resilience Act”). The Cyber Resilience Act regulates cybersecurity issues in the design, development, production, manufacturing, and making available on the market, of hardware and software products that […]
First, it raises questions on whether, even as a ‘non-procurement’ opportunity, this was carried out in a proper way aligned with best practice. An 8-day window to express interest seems very short, especially as potentially interested consultants/consultancies were given very limited information to estimate the scope of works and understand the cost (to them) of […]
What is an “Unterlassungsklage”? If you start a business in Germany, it is hard to avoid being taken to court by a competitor who files a German cease and desist order lawsuit against you in order to tell you what you are allowed to do and what you are not. Why so? Germans have a […]
In my August conflict of laws exams I asked the students the following question: In Case C-494/23 Maha, facts are as follows. On 19 August 2017, applicants purchased a motor vehicle in Germany. On 12 September 2017, the vehicle was seized by the Police of the Czech Republic on the ground that it is the […]
Written by Velina Lilyanova and Alessandro D’Alfonso. The European Parliamentary Research Service (EPRS) recently held a policy roundtable taking stock of the state of play of implementation of Next Generation EU (NGEU) recovery instrument, the largest ever EU financial tool, and its centrepiece, the Recovery and Resilience Facility (RRF). The panel of distinguished speakers addressed […]
After a Common Understanding, an approval of the Negotiating Mandate by the Swiss governmen (the ‘Mandate’), and a Decision of the Council of the EU authorising the opening of negotiations (the ‘Decision’), the table is set: the EU and Switzerland are looking at a slate of treaties to be concluded and amended, among them the […]
By Elaine, Gersi, Joris and Leonoor The Asylum Crisis Granted with a new mandate following the adoption of Regulation (EU) 2021/2303 on 19 January 2022, the European Union Agency for Asylum (EUAA) has transitioned into a full-fledged agency. Its goal is to improve the functioning of the Common European Asylum System (CEAS). As the successor […]
Professor Steve Peers, Royal Holloway University of London Photo credit: viewsridge, via Wikimedia commons Introduction Along with judgments on Afghan women asylum seekers (discussed here) and the status of Turkey as a ‘safe third country’ (discussed here), the Court of Justice of the European Union recently gave its first judgment interpreting the substance […]