The Consil of State (Conseil d‘Etat) ruled on a State’s financial contribution for rural development

Conseil d’État 05/10/2016 387375

The present case concerned the rules on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF).
The Minister of Agriculture granted the company Bressor a State’s financial contribution as part of the premium agricultural guidance and a premium for improving the processing and marketing of agricultural products under the (EAGGF).

(more…)

...

International online seminar

Our beneficent from EuroCases are pleased to invite you to the free international online seminar concerning “The revised regime of jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – the key changes introduced by the Regulation (EU) No 1215/2012” by Prof. Dr. Nikolay Natov.

The seminar will be held on 30 November 2016 at 15:00 CET.

Topics and Lecturers:

Prof. Dr. Nikolay Natov, Sofia University “St. Kliment Ohridski”

  • The revised regime of jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – the key changes introduced by the Regulation (EU) No 1215/2012

Hristo Konstantinov, Deputy managing director of APIS Europe JSC

  • Presentation of EuroCases, a rich collection of national and European case law linked to EU law
  • Presentation of Link Detector, a free extension to browsers and MS Word editor that checks for legal citations and sets links to EU legislation and case law

For further information and registration please visit: http://eurocases.eu/en/Seminars

...

The Court of cassation (Cour de cassation) ruled on the correlation between the French social security system and EU law

Cour de cassation, civile, Chambre civile 2, 6 octobre 2016, 15-23895

The present case concerned the rules on Social Security Law. Mrs. X. was entitled to a disability pension since 2005. She obtained from the Regional Health Insurance Fund of Île-de-France the maintenance of the aforementioned pension beyond her sixtieth birthday.
Following her dismissal in 2011, the fund notified her of its refusal to continue paying her beyond 30 November 2011 and has claimed repayment of the overpaid pension for the month of December 2011.

(more…)

...

Bulgaria offers sufficient reception conditions for asylum-seekers

Cour Administrative d’Appel de Nantes, 4ème chambre, 19/07/2016, 15NT03704, Inédit au recueil Lebon

In the present case, the Administrative Court of Appeal of Nantes (Cour administrative d’appel de Nantes) was required to rule over a violation of Regulation (EU) No 604/2013.
X, an Afghan national, entered illegally in France after having lodged an asylum application in Bulgaria. The Prefect of La Manche ordered the transfer of X to Bulgarian authorities responsible to examine his application. X challenged the prefectural decree before the Administrative court of Caen (Tribunal administratif de Caen). Having not succeeded, X lodged an appeal before the Administrative Court of Appeal of Nantes alleging a violation of Articles 3, 4 and 5 of Regulation (EU) No 604/2013.

(more…)

...

The French Council of State (Conseil d’Etat) ruled that promotional gifts are not subject to VAT

Conseil d’État, 10ème et 9ème chambres réunies, 08/06/2016, 380624, Inédit au recueil Lebon

In the present case, the Council of State (Conseil d’Etat) had to examine whether the delivery of promotional gifts could be subject to VAT.

X, a company specialized in the sale of textile goods, considered that items sent to clients as promotional gifts or ‘Refer-a-friend bonus’ should not be subject to VAT. The French fiscal administration refused to grant such tax deduction since Article 238 of Annex II of the General Tax Code previewed that items transferred with no financial counterpart or against a very low level of remuneration, such as commissions, salary, bonus, discounts and gifts, had to be included in the taxable amount for the VAT purposes.

Directive 77/388/CEE
Directive 2006/112/CE

(more…)

...

Reference for a preliminary ruling: Questions on the effectiveness of arbitration agreements in light of EU law

Decision of the German Federal Court of Justice (Bundesgerichtshof) – I ZB 2/15

The case concerned is about the Slovak Republic as an applicant which has become since 01.01.1993 successor of Czechoslovakia. It seeks the annulment of an arbitral award which a Dutch insurance group as a respondent has obtained against it. The appeal states that the prohibition imposed on the Member States to use, in disputes with EU law relevance, other procedures than those provided in the Union Treaties, comprises all disputes involving a Member State regarding the application and the interpretation of the European Union law.

(more…)

...

The French Council of State found burkini ban illegal

Conseil d’État, Juge des référés, formation collégiale, 26/08/2016, 402742

ECLI:FR:XX:2016:402742.20160826

The human rights league (Ligue des droits de l’homme) and the Association for the Defence of Human Rights- Organisation against Islamophobia in France (Association de défense des droits de l’homme – Collectif contre l’islamophobie en France) lodged a claim with the urgent applications judge of the Administrative court of Nice (Tribunal Administratif de Nice) for an order suspending the implementation of Article 4.3 of the decree of the Mayor of Villeneuve-Loubet.

(more…)

...

The French Council of State (Conseil d’Etat) clarified in which conditions French taxpayers may invoke judgments of the European Court of Justice in order to challenge national taxes

(Conseil d’État, 10ème chambre jugeant seule, 02/05/2016, 375579, Inédit au recueil Lebon)

 In the present case the Council of State (Conseil d’Etat) had to clarify the procedural rules governing tax recovery claims and to specify under which conditions a ruling of the European Court of Justice could serve as a legal basis for a tax recovery claim.

(more…)

...

The Administrative court of appeal of Marseille ruled that contractual public and private agents could be subject to different remuneration conditions

(CAA de MARSEILLE, 9ème chambre – formation à 3, 27/05/2016, 15MA02698, Inédit au recueil Lebon)

In the present case, the Administrative court of appeal of Marseille (Cour administrative d’appel de Marseille) had to decide on the issue concerning the violation of Directive 2000/78/EC, of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the Charter of fundamental rights of the European Union (CFR).

(more…)

...

Transnational criminality – The French Court of cassation (Cour de cassation) examined the permanent ban from French territory in the light of the ECHR and EU law

Cour de cassation, criminelle, Chambre criminelle, 25 mai 2016, 14-84.333, Inédit

In the present case, the Court of Cassation had to decide on the issue concerning the criminal judge compliance with Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), Article 267 of the Treaty on the Functioning of the European Union (TFEU), Article 45 of the Charter of Fundamental Rights of the European Union (CFR) and Article 27 of Directive 2004/38/EC.

(more…)

...