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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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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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 Council of State obliged loss-making non-resident companies to pay their withholding tax on dividends

Conseil d’État, 8ème SSJS, 10/02/2016, 361179, Inédit au recueil Lebon

In the present case the Council of State (Conseil d’Etat) examined the French tax procedure rules governing the withholding tax on dividends.

X, a French company, distributed dividends to its parent company Y established in Belgium. The operation gave rise to the withholding tax in France. Y, which incurred losses, challenged the imposition and claimed that the French legislation was discriminatory as it entitled loss-making companies established in France to delay the tax payment until their balance returned to a surplus.

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The French Court of Cassation safeguarded the employees’ rights in the event of transfers of undertakings

Cour de cassation, civile, Chambre sociale, 11 mars 2016, 14-22.211, Inédit

The present case concerned the rules relating to the safeguarding of employees’ rights in the event of transfers of undertakings.The company RPVI had a workshop which was located on a site belonging to the company Rhodia for which it provided maintenance work.

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Tax & Financial Standards: a new information service has been launched

At the request of our benefactor EuroCases, we would like to announce the launching of its new European information service Tax & Financial Standards (T&FSt). It is available in 4 languages – Bulgarian, English, German and French, and encompasses the economic rules and legal norms, regulating the commercial and financial relations in the European common market, as well as the ECJ practices in this area.

To ensure equal tax treatment by The Member States of supplies of goods and services and movement of capital, related to economic activities, the product includes regulated types of transactions, fiscal and social obligations, categories and concepts for individual commercial operations, assets and liabilities.

T&FSt only provides the economic elements from a rich set of judgments and related documents, laid down by the European Court of Justice. In doing so, it shows from a strictly legal information only those accents that are relevant to the practice of the economic sphere experts. The unique content and functionality of T&FSt make the service an indispensable tool for all tax consultants, auditors, financial and accounting professionals.

If you would like to get further information about Tax & Financial Standards, you can visit the official site http://eurocases.eu/

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The need for examination and assessment of the safety situation in Afghanistan before ordering the return of the person entitled to a subsidiary protection

Austrian Constitutional Court (Verfassungsgerichtshof) E2002/2014

The complaint of the claimant, an Afghan national, is exclusively against the non-recognition of his entitlement to a subsidiary protection (granted when there are real risks of possible violations of Article 2 and 3 of the ECHR or Protocols 6 and 13 of the ECHR) with respect to his home state Afghanistan and, in this connection, against the referral of the case back to the Federal Agency for Asylum for the examination of the admissibility of the order for return.

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