The French tried to indirectly take into account EU
fonctionnaire income for tax purposes, but were shut down by the Court (per
Judge Šváby). Bourges-Maunoury
v. Direction des services fiscaux d’Eure-et-Loir
The Court (per Judge Arabadjiev) is still not prepared to
call the automatic retirement age what it is: age discrimination (Directive
2000/78 makes an explicit exception for retirement in art. 6, but does the
Charter?), so the plaintiff loses. Hörnfeldt
v. Posten Meddelande AB
Art. 5 of the Distance Selling Directive
97/7 does not allow for service providers and sellers to convey information
about, inter alia, a right of withdrawal to consumers only through a hyperlink
placed on a website of the undertaking. Content
Services v. Bundesarbeitskammer Cf. Recent
Developments in EU Consumer Law Blog
In ERSTE
Bank Hungary Nyrt v. Magyar Állam et al., the Court (per Judge Tizzano) has
some fun with the pre- and post-accession effect of the insolvency Regulation
1346/2000, and the combination thereof with an action in rem.
AG Trstenjak resists the idea that Mr. Vítor Hugo Marques
Almeida (NL,
DE,
FR)
can use EU law on car insurance to get around the Portuguese rule that he is
responsible for his own damage incurred in a car accident on the grounds that
he didn’t wear his seatbelt. The AG thinks that the Portuguese rule that places
100% of the damage with the plaintiff in such a case is consistent with
Directives 72/166,
84/5
and 90/232.
According to AG Mazák, the Austrian Datenschutzkommission,
i.e. the data protection agency (cf. art. 28 of Directive
95/46) is insufficiently independent from the Chancellor. Commission
v. Austria
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