Freedom of movement

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.

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The French Court of Cassation has developed an extensive interpretation of the non-systematic nature of identity checks

Cour de cassation, civile, Chambre civile 1, 25 mai 2016, 15-50.065, Inédit

The present case concerned the rules regarding the identity check.
Mr. X., a Senegalese national, having been illegally in France, was placed in administrative detention as a result of an identity check carried out in Paris at the train station ‘‘gare de Lyon ‘‘by the department head of the brigade of railway networks, a judicial police officer. The latter had ordered identity checks for a period of four hours in order to verify the compliance with the retention of documents for transit and residence.

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Maintenance obligations towards a minor residing in Austria: Co-ordination of social security systems

Austrian Supreme Court of Justice (Oberstergerichtshof) 10Ob67/14x

The case concerned is about a minor who lives in Austria and is under the care of his mother. The father lives in Switzerland. Both parents are Swiss nationals. The child’s request for advances on maintenance payments in Austria was rejected, because neither parent had social security in Austria and the minor was privately insured in Austria.

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The French Court of cassation precluded consulting firms from carrying out legal expertise activities as they could be exercised only by lawyers

Cour de cassation, civile, Chambre civile 1, 17 février 2016, 14-26.342 14-29.686

The present case concerns the question whether the EU law, particularly Articles 49 and 56 TFEU and the Directive 2006/123/EC (known as the ‘Services’ Directive), precluded a national legislation which did not allow consulting firms to carry out legal activity as a primary activity.

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The French Court of Cassation asked the Court of Justice whether a national of a third State who is in the international transit area of an airport is subject to the obligation to declare cash money

Cour de cassation, civile, Chambre commerciale, 5 janvier 2016, 14-17541

The present case concerned the rules on controls of cash entering or leaving the Community. The rules governing the movement of persons across borders are also discussed.

The company Intercontinental under Beninese law appointed Mr. X. to carry US dollars from Cotonou to Beirut with a transit at Roissy-Charles de Gaulle airport.
Subsequently, Mr. X. was inspected by the airport customs officers and was placed in customs restraint and under investigation by a judge for failure to declare cash and for money laundering and fraud.

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The French Council of State regulated the auctioneer profession by posing strict diploma conditions

Conseil d’État, 6ème / 1ère SSR, 17/04/2015, 373589, Inédit au recueil Lebon

The present case concerns the access to professional activities and the requirements related to professional qualifications.

A French decree introduced the Article R.321-18 into the French Commercial Code providing that auctioneer’s activity might be exercised only by persons possessing legal diploma, diploma in Art studies or diploma in Archaeology. Two professional organisations brought an action for annulment before the Supreme Court (Conseil d’Etat).

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The French Supreme Court: foreign nationals applying for child allowance should prove their regular entry, notably by providing the child’s medical certificate

Cour de cassation, Chambre civile 2, 7 mai 2015, 14-14.712, Inédit

The present case concerns the right to non-EU nationals to obtain family allowance.

An Egyptian national arrived in France. A few years later his wife and children joined him without complying with the official “family reunion” procedure. Consequently, they did not pass the medical exam organised by the French Direction for Immigration and they did not obtain the special medical certificate.

The wife applied for child allowances but the social administration refused them on the grounds that the children did not satisfy the requirements, notably the presentation the medical certificate issued by the French Immigration Service (Office national de l’immigration).
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The French Council of State posed limits on the tax consolidation of multinational companies

Conseil d’État, 9ème et 10ème sous-sections réunies, 15/04/2015, 368135, Inédit au recueil Lebon

The present case concerns taxation of multinational groups.

A French parent company had a subsidiary in Poland, which had a lower-tier subsidiary in Italy. These last companies made losses. Polish and Italian legislation did not allow them to impute their losses. As a consequence, the parent company, which was normally taxed in France, requested from French tax authorities to calculate its taxes by taking into account the losses made by the Polish and Italian subsidiaries. The French fiscal administration did not grant the request. The parent company’s request was also dismissed, in first instance, by the Administrative court of Montreil (Tribunal administratif de Montreil) and, in appeal, by the Administrative appeal court of Versailles (Cour administrative d’appel de Versailles).

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The Bulgarian Supreme Administrative Court: discrepancies in private documents could not be considered as a ground for determination of the customs value

Decision № 279 of 01.12.2015, SAC on adm. e. № 3477/2014 on, VIII o., rapporteur judge R. Lilova

‘Sadat’ Ltd. (Sadat) imported paper tissues from Turkey. Plovdiv Customs had doubts regarding the customs value declared by Sadat and sent an information requrest to the Turkish customs administration under the existing international cooperation. The answer from the Turkish administration was that the sender of the goods had declated higher export value. The Plovdiv Customs Director (the Director) held that the value of the imported tissues was that indicated in the reply of the Turkish customs administration and, accordingly Sadat had to pay additional amount of VAT.

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Parentage link as condition for high education grants for students – a request for a preliminary ruling referred by the Luxembourg Administrative court

Luxembourg, Cour administrative , Arrêts n°s 35820C, 35848C et 35851C, 22.07.2015

State financial aid for higher education – beneficiary – child of a non-resident worker (frontier worker) – concept of child – non-discrimination – EU Regulation 492/2011, Art.7, para. 2; TFEU art. 45, para. 2. – Charter of Fundamental Rights of the European Union art 33, para. 1.

By a law of 26 July 2010, the law of 22 June 2000 on state aid for higher education had been changed in substance in that now only resident students and not their parents, as in the earlier system, became holders of a right to state financial aid for higher education under the special conditions provided for therein.

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