Category: European Law

Manuel Resende Protásio (PhD candidate at the School of Law of University of Minho | FCT research scholarship holder – Bolsa UI/BD/152801/2022) Introduction The European Union (EU) faces a profound challenge in the regulation and oversight of rapidly advancing technologies such as Virtual Reality (VR). As technological progress accelerates, the mechanisms that assess, accept, and…

Read More “The example of Virtual Reality – Official Blog of UNIO” »

Given that the EU is not yet a signatory to the ECHR, one has to point out that it is mainly the UK that could be found liable for a breach of that right if a Matthews-style case concerning the backstop would reach the Strasbourg Court. From that point of view, the political strategy behind the…

Read More “Holding European Parliament Elections in Northern Ireland after Brexit — On Secessions, Constitutions and EU law” »

Photo by Igal Ness on Unsplash On 23 October 2024, the five-year dispute between Valve and UFC-Que Choisir has come to a close. With the French Supreme Court upholding the Paris Court of Appeal’s decision, and ruling that consumers cannot resell digital copies of videogames distributed online. Putting the final seal on the question of…

Read More “Sealing the Exhaust Valve – Kluwer Copyright Blog” »

On 7 July 2023, the European Commission issued its proposal for a Council decision on the withdrawal of the European Union from the Energy Charter Treaty (ECT). The proposal comes more than 6 months after the Commission-sponsored ECT modernization package failed to be adopted and perhaps undermines any hope that a modernized ECT will be…

Read More “The End Is Near: The European Commission’s Proposed Coordinated Withdrawal from the ECT” »

On December 27, 2024, the U.S. Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) announced a Notice of Proposed Rulemaking (“NPRM”) to update the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Security Rule.  The NPRM is intended to strengthen cybersecurity protections for electronic protected health information (“ePHI”) in light…

Read More “HHS Announces Notice of Proposed Rulemaking to Update the HIPAA Security Rule” »

** This comment was first published as an Op-Ed for EU Law Live on 8 December 2022 (see formatted version). I am reposting it here in case of broader interest. ** On the face of it, in Infraestruturas de Portugal and Futrifer Indústrias Ferroviárias (C-66/22), the Court of Justice had to assess whether Member States…

Read More “Transposing Directives no longer so discretionary! The Court of Justice forces transposition of discretionary exclusion grounds and hints at ‘intra-State’ vertical direct effect (C‑66/22) — How to Crack a Nut” »

Update 16 12 2024 see for a very similar discussion, also in this case engaging A8 and 3(3) Rome Convention, Dexia SA v Regione Emilia Romagna [2024] EWHC 3236 (Comm). Dexia v Patrimonio del Trentino [2024] EWHC 2717 (KB) echoes Banca Intesa v Venezia  in some of its main issues. It features capacity of foreign…

Read More “finding of exclusive jurisdiction in ISDA Master Agreement, rejection of ultra vires arguments and an unlikely prima facie resurrection of pre-EU membership bilateral conventions. – gavc law – geert van calster” »

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Read More “Fostering participation in education and training throughout life | Epthinktank” »

The enormous VAT bill that Italian tax authorities have presented to Meta, based on the estimated value of the data that they have received from users in return for their services, has recently been in the news. Tax on personal data has the potential to deal quite a blow to the business model of online…

Read More “VAT and Data Payments · European Law Blog” »

Hungary is often portrayed as a problem case for European integration due to frequent clashes between Viktor Orbán’s government and the EU’s institutions. Yet as András Bíró-Nagy and Gergő Medve-Bálint explain, the country’s 20 years in the EU have also seen a relatively high level of compliance with EU policies and strong support for membership…

Read More “Mixed economic results and growing political conflict – Hungary’s 20 years of EU membership” »