The biggest case coming out of
As so often, it is the Aarhus Convention gifting us with more multi-level governance fun this week. Art. 9 of the Convention extends the range of parties who can have standing to sue in certain environmental cases, with art. 9(3) acting as somewhat of a catch-all. The Grand Chamber was now asked whether that provision has direct effect. (It doesn’t.) However, before it could get there, the Court first had to explain why art. 9(3) is part of EU law in the first place, given that this treaty was concluded on the basis of joint competence. Lesoochranárske zoskupenie VLK
Also in the Grand Chamber, there’s this citizenship problem: Diego and Jessica are Belgian children of Columbian parents, living in
Here’s some innovation fun: Art. 11 of Directive 97/13 deals with fees for individual telecoms licenses. Under subsection 2, those fees have to “take into particular account the need to foster the development of innovative services (…)”. Does that mean that
In tendering law, the Third Chamber gave some further guidance on the distinction between a “public service contract” and a “service concession” under Directive 2004/18. The fact that the ambulance service in Passau (Bavaria) is not paid for by the city of Passau, that there was some operating risk due to the uncertainty of having to negotiate about fees in the future, and the fact that full coverage of the costs was not assured was enough to make the contract for those services a service concession, not a public service contract. Privater Rettungsdienst und Krankentransport Stadler
In a second piece of
Apparently Greenpeace stands up for human beings as well as animals and plants. In Brüstle v. Greenpeace (NL, DE, FR), AG Bot gives some guidance about the various kinds of stem cells and embryos, and their respective patentability.
In Stichting de Thuiskopie v. Van der Lee, AG Jääskinen considered the problem of “fair compensation” of copyright holders for private copying. (Cf. Art. 5(2)(b) of Directive 2001/29 and the recent ECJ decision of Padawan.) Given that different MS have different systems in place, which system should be applied to online sales of writable media? The AG suggests that the MS need not create a single system, and that compensation has to be paid in the MS of the customer, unless it has already been paid “in the MS where the transaction takes place”, by which he presumably means the seller’s MS.
AG Kokott, finally, also has an opinion on bankruptcy law. She explains that the notion of the “centre of a debtor’s main interest” is an autonomous concept of Community law, and that art. 3(1) of Regulation 1346/2000 establishes a strong presumption that the centre is the MS of the company’s registered office. In the process, she also takes a shot at the Italian court for ignoring the Rheinmühlen/Elchinov rule (par. 24-33). Interedil (DE, FR)
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