ECJ: preliminary ruling does not give grounds for the disqualification of the national court

JUDGMENT OF THE ECJ (Grand Chamber) 5 July 2016, ECLI:EU:C:2016:514

By judgment of 28 November 2012, Mr. O., a Bulgarian national, was convicted of murder and aggravated theft by a Danish court and sentenced to a cumulative fifteen years imprisonment. After having served part of his sentence of imprisonment in Denmark he was handed over to the Bulgarian authorities to serve the remainder of his sentence in Bulgaria.

By a request for a preliminary ruling, of 25 November 2014 brought in Case C‑554/14, repeated and thereafter supplemented by two requests of 15 December 2014, the Sofia City Court referred to the Court various questions on the interpretation of Council Framework Decision 2008/909/JHA of 27 November 2008 .

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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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A syndicate of co-owners can not be considered as a ‘consumer’

Cour de cassation, civile, chambre civile 1, 1 juin 2016, 15-20.119, Inédit

In the present case the Court of Cassation (Cour de cassation) ruled that syndicates of co-owners were not consumers and, consequently, they could not bring actions for injunctions of unfair terms previewed by Articles 1 and 2 of Directive 2009/22/EC.

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