The withdrawal of the right of residence after false declarations to the Belgian authorities

Conseil d’État (Council of State) – n° 230.579 – 19 March 2015 (Bensada Benallal)

In this case, a citizen of the EU had his right of residence withdrawn after having made false declarations to the Belgian authorities. He accuses the authorities of not having heard him prior to the contentious decision. In its ruling on the appeal in cassation on a decision handed down by the Conseil du Contentieux des étrangers (Council for Alien Law Litigation), the Conseil d’État reiterated that the CJEU had indicated, in essence, in its ruling C-249/13, 11 December 2014, Khaled Boudjlida, that an individual’s right to be heard by a national authority before the adoption by this authority of any decision that is likely to affect that individual’s interests adversely, forms an integral part of the respect for the rights of the defence as recognised by a general principle of EU law.

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Spanish National High Court (AN): Right to be forgotten on the Internet

Audiencia Nacional (National High Court) – Roj: SAN 5211/2014 – nº de Recurso: 220/2011 – 29 December 2014

 In its ruling dated 29 December 2014, the Audiencia Nacional (National High Court) established the criteria relating to the recognition of the right to be forgotten Directive 95/46/EC, as a result of the Google Spain ruling. The administrative dispute chamber of the Audiencia Nacional (National High Court) thus recognized, in accordance with the said ruling of the Court of Justice, the right to request the removal from the list of results displayed after a search performed using a person’s name, links to web pages published by third parties and containing personal information.

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The French Supreme Court decided that the time spent at the stop-over airport is a loss of time which should be compensated

Cour de cassation, Chambre civile 1, 16 avril 2015, 14-13.736, Inédit

The present case concerns the Regulation (EC) No 261/2004 and the air passengers right to compensation in case of delay.

X had a flight ticket from Marseille to Manchester with a stop in Paris. The first flight was delayed by 12 minutes. X did not arrive in time at the Paris stop-over airport and he had to wait 6 hours for the next flight. Finally, he arrived in Manchester at 19 o’clock instead of 13 o’clock, which represented 6 hours of delay compared to the initially previewed arrival. X seised the district court of Marseille (Juridiction de proximité de Marseille) which rejected the claim. The first instance judges found out that the first flight took only a 12-minutes delay, while Article 6 of the Regulation (EC) No 261/2004 required a delay of 3 hours or more. X lodged an appeal in cassation.

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The French Council of State confirmed that persons perpetrating terrorism may be deprived of their French (and respectively EU) citizenship

Conseil d’État, 2ème et 7ème sous-sections réunies, 11/05/2015, 383664

The present case concerns the conditions under which an individual may be stripped of nationality.
A Moroccan national acquired French nationality. Later he was condemned for terrorism. The Prime Minister issued a decree withdrawing the French nationality.
The person concerned lodged an action for annulment on the grounds of ultra vires.
By a judgment of 31st October 2014 the Supreme Court (Conseil d’Etat) seised the Constitutional court (Conseil constitutionnel) in order to examine if the withdrawn of nationality, previewed by Articles 25 and 25-1 of the French Civil Code, was compatible with the French Constitution. The Constitutional court (Conseil constitutionnel) validated the legislation by taking into consideration different elements – cases of nationality withdrawal were restrictively enumerated, procedure of withdrawing might be intended only upon a determined time limit, a person should be not left stateless. The particular gravity of terrorism activity was also taken into account.

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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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The French Constitutional Council rules on the question concerning the forfeiture of nationality

Constitutional Council, decision dated 23.01.15, Ahmed S., QPC 2014-439

In a decision dated 23 January 2015, the Constitutional Council, hearing a priority preliminary ruling on constitutionality concerning the compliance with the Constitution of the provisions of the Civil Code regarding forfeiture of nationality of naturalised French persons perpetrating terrorism, considered that the said provisions were not unconstitutional and that it was not within its jurisdiction to pass a preliminary question to the EU Court of Justice to assess the compliance of these provisions with the principles of equality and non-discrimination enshrined in Articles 20 and 21 of the Charter and Article 18 of the TFEU.

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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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Return of a child to his country of habitual residence in a case of clear child abduction

L (Grave Risk of Harm) (Child’s Objections) [2015] EWHC 3300 (Fam) (16 November 2015)

In this case, where a father seeks the return of his son to his country of habitual residence (Bulgaria), the main issues for determination under Article 13 of the Convention on the Civil Aspects of International Child Abduction 1980 are whether a return of the child (L) to Bulgaria would expose him to a grave risk of psychological or physical harm or otherwise place him in an intolerable situation and whether L objects to returning to Bulgaria, and has attained an age and degree of maturity at which his views should be taken into account.

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Spanish Supreme Court (TS) ruled compatibility between word marks “Don Simon works Max” and “Pascual works” despite the applicable coincidence

Tribunal Supremo (Supreme court) n°1909/2014 – 22 July 2015

 The Chamber examines the appeal brought by “J. Garcia Carrion, SA” against the judgment dismissing the appeal against the resolution rejecting the SPTO grant national brand ‘Don Simon works Max “(word), to cover products in Classes 29 and 32 of the International Classification, because of opposition from, among other, marked “Pascual works” (word) .Thus, after rejecting the alleged infringement of art. 67 LRJCA by the judgment under appeal, the High Court to understand that it gave a succinct but substantial enough to arguments made in response instance, if it considers, however, an infringement of Art. 6.1 b) of Law 17/2001, of Trademarks, and the applicable case law.

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Austrian Supreme Court (OGH) interpreted Regulation (EC ) No 1301/2006

OGH Entscheidungstext 30.07.2015 10Ob70/14p

The present case concerns an agreement for the transfer of import certificate for obtaining a license for the import of poultry on preferential terms and the contentious issue whether this agreement is void. In that regard the Austrian Supreme Court (OGH) interpreted Regulation (EC ) No 1301/2006 of the Commission of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (Regulation) and with the provisions in Articles 5 and 6, as well as with the provisions in § 879 and § 914 of the Austrian General Civil Code (ABGB).

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