In Migrationsverket
v. Kastrati the 4th Chamber (per Judge Bay Larsen) does some
asylum procedure: What happens with the Dublin
II Regulation 343/2003 when an asylum application is withdrawn? The Court
holds that in that case the Regulation is no longer applicable, meaning that in
this case the Swedes are stuck with these Kosovars, without having the option
of shipping them to France.
Comap (FR)
and Legris (FR)
lost their cartel appeals in the 3rd chamber (Judge Juhász). It
didn’t help that big parts of their cases were declared inadmissible.
Under art. 4(2)(b) of Regulation 733/2002, only undertakings
established in the EU can register a .eu top-level domain. The American company
Walsh Optical tried to get around that by granting what we might describe as a
“straw-license”, i.e. a license for the express and sole purpose of allowing
the licensee to register a .eu TLD for www.lensworld.eu.
AG Trstenjak now argues that such a license does not suffice to establish a
“prior right” in the sense of art. 12(2) of Commission Regulation 874/2004.
Pie Optiek v. Bureau Gevers (NL, DE, FR) Cf. IPKat
In access to documents law, there is a (partial) win for one
of my favourite MEPs, Sophie in ‘t Veld. She wanted to see the opinion of the
Council Legal Service on SWIFT, which the Council refused claiming that it
would hurt ongoing negotiations (i.e. international relations) and legal
advice. The General Court (Judge Vadapalas) had little patience for the legal
advice argument, but allowed the Council to reconsider on the international
relations argument, instructing them to be quite narrow in their
interpretation. So parts of the opinion will stay confidential. In
‘t Veld v. Council
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