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Category: European Law

Client Alert: First CBAM Quarterly Reporting Period

Posted on October 14, 2024 By rehan.rafique No Comments on Client Alert: First CBAM Quarterly Reporting Period
Client Alert: First CBAM Quarterly Reporting Period

Summary  On 1 October 2023, the European Union’s (EU) Carbon Border Adjustment Mechanism (CBAM) entered into the transitional phase, with the first reporting period covering carbon-intense goods imported during the period 1 October 2023 to 31 December 2023, ending on 31 January 2024.  CBAM reporting declarants, businesses active in the cement, fertiliser, iron & steel,…

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European Law

Limiting ‘Security’ as a Justification in the ICJ’s Advisory Opinion – Verfassungsblog

Posted on October 13, 2024 By rehan.rafique No Comments on Limiting ‘Security’ as a Justification in the ICJ’s Advisory Opinion – Verfassungsblog
Limiting ‘Security’ as a Justification in the ICJ’s Advisory Opinion – Verfassungsblog

Security as both a legal and political concept allows the limitation and sometimes even derogation from legal rules; these departures are not absolute and have parameters. Yet, States often invoke security to justify disproportionate and outright illegal acts, which is aided by the fact that the precise contours of what is considered a legitimate security…

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European Law

the Puigdemont case and the dialogue between courts – Official Blog of UNIO

Posted on October 13, 2024 By rehan.rafique No Comments on the Puigdemont case and the dialogue between courts – Official Blog of UNIO
the Puigdemont case and the dialogue between courts – Official Blog of UNIO

Teresa Freixes (President of Citizens pro Europe and Jean Monnet Professor ad personam) ▪            In recent weeks, the Court of Justice of the European Union (CJEU) has handed down judgments that shatter the assertion, so dear to some, that law cannot constrain policy. I am referring, essentially, to those that have considered the EU’s agricultural…

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European Law

The Vodafone/Three merger: the CMA seems inclined towards a gruelling remedy, but it’s not yet a done deal

Posted on October 12, 2024 By rehan.rafique No Comments on The Vodafone/Three merger: the CMA seems inclined towards a gruelling remedy, but it’s not yet a done deal
The Vodafone/Three merger: the CMA seems inclined towards a gruelling remedy, but it’s not yet a done deal

The CMA never clears a merger on the basis of behavioural remedies.  Such remedies do not deal with the source of the competition problem, they are susceptible to circumvention, they distort markets, and they are difficult to monitor.  Everyone knows that. The CMA was so wedded to this principle that it was willing to die…

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European Law

EU and China around the Same Table: The New Agreement on Geographical Indications

Posted on October 12, 2024 By rehan.rafique No Comments on EU and China around the Same Table: The New Agreement on Geographical Indications
EU and China around the Same Table: The New Agreement on Geographical Indications

Introduction The European Union (EU) and China signed a bilateral agreement for the reciprocal protection of Geographical Indications (GIs) against usurpation and imitation. The agreement strengths the EU-China trading relationship and reinforce the EU (sui generis) approach on GIs in the global market.  It took around eight years of negotiations, but in the end, it…

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European Law

Recent developments in European Consumer Law: Vouchers, an acceptable reimbursement?

Posted on October 11, 2024 By rehan.rafique No Comments on Recent developments in European Consumer Law: Vouchers, an acceptable reimbursement?
Recent developments in European Consumer Law: Vouchers, an acceptable reimbursement?

On March 21, the CJEU published the most recent judgment interpreting provisions of Regulation 261/2004 on air passenger rights in the case Cobult (C-76/23) concerning the possibility of reimbursing passenger’s ticket cost through a voucher. Many of our readers may have experienced a flight cancellation over the past couple of years, not limited to Covid-19-related causes….

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European Law

Competing claims and narratives in Eastern Mediterranean — On Secessions, Constitutions and EU law

Posted on October 10, 2024 By rehan.rafique No Comments on Competing claims and narratives in Eastern Mediterranean — On Secessions, Constitutions and EU law
Competing claims and narratives in Eastern Mediterranean — On Secessions, Constitutions and EU law

This is a very romantic view of how a nation and/or a State should conduct its business. It is naïve to expect that any nation and/or State would always be a truthful force of good in its interactions with the rest of the world. Financial, economic and geopolitical interests very often influence State narratives. Given…

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European Law

‘Hey officer, wanna trade?’ Policing with friendship bracelets on Taylor Swift’s Eras Tour

Posted on October 10, 2024 By rehan.rafique No Comments on ‘Hey officer, wanna trade?’ Policing with friendship bracelets on Taylor Swift’s Eras Tour
‘Hey officer, wanna trade?’ Policing with friendship bracelets on Taylor Swift’s Eras Tour

Police worldwide are joining in with Taylor Swift’s tour craze by swapping friendship bracelets with fans. Could this interaction between police and citizens reshape trust, surveillance and security? Tears, shrieks and meticulously planned outfits: all hallmarks of Taylor Swift’s world-famous Eras Tour. Now in its sixteenth month, the tour has taken on a life of…

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European Law

Divergence, at what cost? | LSE BREXIT

Posted on October 9, 2024 By rehan.rafique No Comments on Divergence, at what cost? | LSE BREXIT
Divergence, at what cost? | LSE BREXIT

The EU-UK Trade and Cooperation Agreement is a free trade agreement like no other: the first between parties negotiating from a position of regulatory convergence; the first trade deal in which the EU has accepted the principle of no tariffs and no quotas, but also the first trade deal which not only incorporates provisions that…

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European Law

Cumulation of design and copyright protection under Italian law: is the Italian Supreme Court’s approach in line with the CJEU case law? – Part Two

Posted on October 9, 2024 By rehan.rafique No Comments on Cumulation of design and copyright protection under Italian law: is the Italian Supreme Court’s approach in line with the CJEU case law? – Part Two
Cumulation of design and copyright protection under Italian law: is the Italian Supreme Court’s approach in line with the CJEU case law? – Part Two

  Earlier this year, the Italian Supreme Court (Corte di Cassazione) issued an order (Cass., ord. no.11413/2024) in a case concerning the protection by copyright of a lamp design. Part I of this post outlined the decisions issued as the case made its way through the Italian court system. Part II will now turn to the…

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European Law

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