Search Results for: ECJ

The European Court of Justice (ECJ) Tuesday ruled that Germany’s data retention statute is not compatible with EU law. German telecommunication companies SpaceNet and Telekom Deutschland brought actions in German courts arguing that Germany’s Law on Telecommunications (TKG) breached EU rules. The TGK law imposed an obligation on telecom operators to retain customers’ traffic data [...]

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European Parliament (EP) Thursday adopted its interim report wherein it declared Hungary as no longer a democracy with 433 votes for, 123 against, and 28 abstentions, and alleged Hungary is becoming a “hybrid regime of electoral autocracy.” In 2018, the EP passed a resolution asking EU member states to determine whether Hungary is at risk of [...]

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A spokeswoman for the European Commission (EC) Thursday told a press briefing that Poland will only receive money under the Poland Recovery and Resilience Plan if Poland submits a payment request, which must be approved by the EC, and meets a list of milestones and targets, including greater judicial independence. The EC’s comments come two [...]

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The European Court of Justice (ECJ) ruled Monday that two vessels owned by non-profit Sea Watch may have been wrongly detained by the Italian government. Sea Watch rescues migrants attempting to cross the Mediterranean Sea in vessels that are not seaworthy. Sicilian port authorities detained Sea Watch’s cargo ships in 2020 after the boats rescued [...]

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In October 2021, Poland’s Constitutional Tribunal ruled that in the event of a conflict between the Constitution of Poland and the treaties of the European Union, the Polish Constitution will reign supreme. The Tribunal concluded that Article 4(3) of the Treaty on European Union, in conjunction with Article 279 of the Treaty on the Functioning of [...]

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European Court of Justice (ECJ) Advocate General Juliane Kokott Thursday stated before the court that European Union (EU) citizens may sue their governments for monetary compensation if air pollution levels exceed EU limits and damage their health. The Advocate General gave her opinion in the ongoing Case C-61/21, in which the ECJ is examining state [...]

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The European Court of Justice (ECJ) ruled Tuesday that national governments may not permit the “general and indiscriminate retention” of traffic and location data of electronic communications. The court’s ruling comes from a long procedural history. In 2015, an Irish court convicted Graham Dwyer of the 2012 murder of Elaine O’Hara. Dwyer appealed to the [...]

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The European Court of Justice (ECJ) agreed with the European Commission (“the Commission”) Tuesday in ruling that the UK violated EU law by failing to apply effective customs control measures and owes the EU billions for failure to collect import fees in respect of certain imports of textiles and footwear from China. Some countries listened to [...]

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The European Court of Justice (ECJ) rejected Poland and Hungary’s challenge Wednesday of the EU budget’s conditionality mechanism for disbursement of funding to the EU Member States, clearing the way for the European Commission (EC) to withhold payments to the two nations. The EU budget’s conditionality mechanism regulation permits the European Council to suspend payments from [...]

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France data watchdog, Commission Nationale de l’Informatique et des Libertés (CNIL), announced Thursday that Google does not guarantee the protection of European data as per GDPR norms. It analyzed the conditions under which data is transferred to the United States through Google Analytics, a service determining site visits by an Internet user. The investigation by [...]

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