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Category: European Law

Price reductions to be determined on the basis of the ‘prior price’ (C-330/23 Aldi Süd)

Posted on November 20, 2024 By rehan.rafique No Comments on Price reductions to be determined on the basis of the ‘prior price’ (C-330/23 Aldi Süd)
Price reductions to be determined on the basis of the ‘prior price’ (C-330/23 Aldi Süd)

 Guest post by Laura Bakola (PhD candidate at Leiden University) In September the CJEU issued a judgment on price indications and the obligation of the trader to announce a price reduction on the basis of the ‘prior price’ of the product. The case comes after the amendment introduced by Directive 2019/2161, as regards the better…

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European Law

Whatever Happened to the Backstop — On Secessions, Constitutions and EU law

Posted on November 19, 2024 By rehan.rafique No Comments on Whatever Happened to the Backstop — On Secessions, Constitutions and EU law
Whatever Happened to the Backstop — On Secessions, Constitutions and EU law

The Backstop(s) The initial EU proposal included in the first draft Withdrawal Agreement provided that Northern Ireland would remain within the EU customs territory. Of course, remaining in the EU customs territory and in parts of the single market while the rest of the UK was out of those structures is anathema to many, not least the DUP….

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European Law

How far can we raise the bar for corporate social responsibility?

Posted on November 19, 2024 By rehan.rafique No Comments on How far can we raise the bar for corporate social responsibility?
How far can we raise the bar for corporate social responsibility?

While the EU remains committed to the UN’s Sustainable Development Goals, for the rest of the world they’re simply unrealistic. Can the EU balance sustainable growth with environmental, social and labour rights through trade deals that are driven by corporate social responsibility? As early as 2007, the EU cited its commitment to ‘peace, security, the…

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European Law

The UK might be outside the European Union but not outside its gravitational field

Posted on November 18, 2024 By rehan.rafique No Comments on The UK might be outside the European Union but not outside its gravitational field
The UK might be outside the European Union but not outside its gravitational field

The UK might have left the European Union on 31 January 2020, but it has not left its gravitational field, nor will it in 2021. The challenge for all sides is somehow to stabilise British exceptionalism outside the EU’s legal order, writes Martin Westlake (LSE/College of Europe). Those on the ‘remain’ side of the Brexit argument,…

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European Law

Kneschke vs. LAION – Landmark Ruling on TDM exceptions for AI training data – Part 2

Posted on November 17, 2024 By rehan.rafique No Comments on Kneschke vs. LAION – Landmark Ruling on TDM exceptions for AI training data – Part 2
Kneschke vs. LAION – Landmark Ruling on TDM exceptions for AI training data – Part 2

Image by M. H. from Pixabay In the first part of this post on the Kneschke vs. LAION decision by the German Hamburg Regional Court (“Court”), we explored the Court’s key findings regarding the operational step in a generative AI model, and the decision on the exceptions for scientific research text and data mining (“TDM”)…

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European Law

Yet Another Chapter in the Micula Saga: The EU General Court Confirms the Qualification of the Micula Award as State Aid

Posted on November 17, 2024 By rehan.rafique No Comments on Yet Another Chapter in the Micula Saga: The EU General Court Confirms the Qualification of the Micula Award as State Aid
Yet Another Chapter in the Micula Saga: The EU General Court Confirms the Qualification of the Micula Award as State Aid

On October 2, 2024, the EU General Court delivered a much-anticipated decision in the long‑running Micula saga, upholding the European Commission’s qualification of the award in Ioan Micula, Viorel Micula, S.C. European Food S.A, S.C. Starmill S.R.L. and S.C. Multipack S.R.L. v. Romania [I] as State aid. Coming after more than 10 years of litigation…

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European Law

An International Law Perspective on Brexit and the Internal Market Bill – International Law Blog

Posted on November 16, 2024 By rehan.rafique No Comments on An International Law Perspective on Brexit and the Internal Market Bill – International Law Blog
An International Law Perspective on Brexit and the Internal Market Bill – International Law Blog

By Niamh McCormack, pre-PhD candidate, Leiden University School of Law; research assistant, Grotius Centre for International Legal Studies. On 9th September 2020, relations between the European Union (‘EU) and the United Kingdom (‘UK’) reached their lowest point since the UK’s 2016 decision to withdraw from the EU (‘Brexit’). This was precipitated by the UK government’s…

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European Law

HHS Announces Additional Settlements Following Ransomware Attacks Including First Enforcement Under Risk Analysis Initiative

Posted on November 16, 2024 By rehan.rafique No Comments on HHS Announces Additional Settlements Following Ransomware Attacks Including First Enforcement Under Risk Analysis Initiative
HHS Announces Additional Settlements Following Ransomware Attacks Including First Enforcement Under Risk Analysis Initiative

HHS Announces Additional Settlements Following Ransomware Attacks Including First Enforcement Under Risk Analysis Initiative On October 31, 2024, the U.S. Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) announced a resolution agreement and corrective action plan with Plastic Surgery Associates of South Dakota in Sioux Falls (“PSASD”) stemming from the organization’s…

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European Law

The Court of Justice decidedly jumps on the procurement protectionism bandwagon, creating legal uncertainty along the way (C‑652/22) — How to Crack a Nut

Posted on November 15, 2024 By rehan.rafique No Comments on The Court of Justice decidedly jumps on the procurement protectionism bandwagon, creating legal uncertainty along the way (C‑652/22) — How to Crack a Nut
The Court of Justice decidedly jumps on the procurement protectionism bandwagon, creating legal uncertainty along the way (C‑652/22) — How to Crack a Nut

By falling just short of mandating a complete ban on access to EU procurement by third-country economic operators not covered by international agreements, in Kolin Inşaat Turizm Sanayi ve Ticaret (C-652/22) (‘Kolin’), the Court of Justice has suddenly crystallised a change in EU procurement-related trade policy. Kolin will have many, and potentially quite problematic, practical…

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European Law

Deuce. The Hague Court of Appeal in Milieudefensie v Shell on imposing emission reduction obligations on private corporations. (Guest blog by Quinten Jacobs).

Posted on November 15, 2024 By rehan.rafique No Comments on Deuce. The Hague Court of Appeal in Milieudefensie v Shell on imposing emission reduction obligations on private corporations. (Guest blog by Quinten Jacobs).
Deuce. The Hague Court of Appeal in Milieudefensie v Shell on imposing emission reduction obligations on private corporations. (Guest blog by Quinten Jacobs).

I know I have Tweeted that I would add my tuppence on the Court of Appeal at The Hague on Wednesday reversing (English translation of the Court of Appeal here) the first instance judgment in Milieudefensie v Shell. That judgment had imposed CO2 reduction emissions targets on Shell. (In my post on the first instance…

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European Law

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