Thursday, September 29, 2011

Today in Luxembourg

Mr. Donner may want to pay attention to this one: The Netherlands again lost a case about a Turkish worker. They tried to retroactively withdraw someone’s residence permit because he was no longer in compliance with the grounds upon which it was issued (i.e. he no longer lived with his partner), even though there was no suggestion of fraud. The ECJ now says that they can’t do that. As usual, Decision 1/80 is on p. 155 here. Unal v. Staatssecretaris van Justitie

Two of the culprits in the Monochloroacetic Acid cartel appealed the General Court’s decision to uphold their fine to the ECJ. Arkema lost, but Elf Aquitaine hit the jackpot, saving it a € 45 million fine. (NL, DE, FR) The offending behaviour should not have been ascribed to Elf Aquitaine.

AG Jääskinen argues that the Polish law on medicinal products violates Directive 2001/83 because it is too restrictive when it comes to the placing on the market of medicinal products without a marketing authorisation. Commission v. Poland

Ryanair won before the General Court today in its attempt to do something about alleged state aid given by the Italian state to Alitalia, Air One and Meridiana. The General Court held that the Commission should have adopted a formal decision on Ryanair’s complaint. Ryanair v. Commission

P.S. the archive of these emails is here.

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