EUPLO

EU Procedural Law Observatory - Updates on procedure before the CJEU and the EU's system of legal remedies - Observing to inform - #EUPLO - RT is no endorsement

[EUPLO @CJEUprocedure]

Request for legal aid suspends time limits to bring annulment action. No second request for legal aid required to suspend time limits of action against act replacing/modifying act in relation to which legal aid was requested (T‑151/18, 28.10.20) https://t.co/mXZD3SqeYx #EUPLO

[EUPLO @CJEUprocedure]

Dehousse case rejected by GC: explanations of CJEU as to why requested documents do not exist are sufficient according to GC. Outgamed. (T-857/19, 28.10.20) https://t.co/mo9PUVBSSY #EUPLO

[EUPLO @CJEUprocedure]

Consequence of appeal not carefully drafted. Party gains access to redacted proposal of Executive Board because @ecb appeal against operative part of GC judgment allowing access was not supported by specific grounds: inadmissible(C‑396/19P,21.10.20) https://t.co/SuIFt5N11c #EUPLO

[EUPLO @CJEUprocedure]

Interesting case on subjective analysis of art. 263(4)TFEU & 'not entailing implementing measures': #ECJ rejects again idea of useless applications to national authorities in order to obtain challengeable act at national level: C-313/19 P(28.10.20) https://t.co/ItXenijntw #EUPLO

[EUPLO @CJEUprocedure]

Judgment in C‑119/19 P & C‑126/19 P (8.9.20) provides nice illustration of direct connection requirement for admissibility of plea of illegality per Art 277 TFEU: decision based on transitional regime can be used to attack legality of final regime https://t.co/tSh34Q69Ua #EUPLO

[EUPLO @CJEUprocedure]

Staff litigation always entails questions of procedure. In T-131/20 (2.9.20), question of correspondence between administrative and court procedure as well as whether breach of duty to be heard provokes annulment of decision are dealt with https://t.co/IKcL57NAZ0 #EUPLO

[EUPLO @CJEUprocedure]

Environmental justice is still not in fashion at #CJEU: appeal by NGO against GC decision rejecting annulment of Commission refusal to reevaluate #glyphosate approval turned down (C-784/18 P (3.9.20)) Reasoning rather familiar for procedural lawyers https://t.co/cZjwUGb2sN #EUPLO

[EUPLO @CJEUprocedure]

C-742/18 P (3.9.20): burden of proof issues in EAGF field: mere discrepancy between traditional and remote sensing on-the-spot checks not sufficient to raise serious and reasonable doubts about effectiveness of checks carried out by MS authorities https://t.co/9ImF2O3kog #EUPLO

[EUPLO @CJEUprocedure]

C-817/18 P (3.9.20) illustrates formal nature of appeal procedure. A response lodged per Art 172 RoP can't raise new appeal grounds. If grounds in response differ from main appeal, cross-appeal should be brought in separate document per Art 176 RoP https://t.co/LSUcYEitkC #EUPLO

[EUPLO @CJEUprocedure]

A new #CJEU season has kicked off! Already some interesting decisions from a procedural point, although not spectacular. Most interesting case is C‑817/18 P, dealing with cross-appeal technicalities. Further: procedural issues in staff litigation & agricultural funds cases #EUPLO

[EUPLO @CJEUprocedure]

The @EUCouncil appointed 2 new judges to @EUCourtPress and reappointed CJ president as judge from 2021. Boldest move: appointment of replacement for AG Sharpston. No doubt she will anew apply for judicial review - issue raises many questions https://t.co/ATm9qhUOPM #EUPLO #brexit

[EUPLO @CJEUprocedure]

Challenges to calculation of contributions to Single Resolution Fund are now a yearly phenomenon before #GC, some banks trying each year: https://t.co/biIJeTOLeR (OJ, 31.07.20) Generally, Banking Union cases are becoming an important part of GC caseload: need to specialise?#EUPLO

[EUPLO @CJEUprocedure]

@SRanchordas A well-known ECJ case that relates to this issue is Alassini. You have probably seen it but rather save than sorry: https://t.co/1gYbPCLmnk

[EUPLO @CJEUprocedure]

A very interesting case! One may even wonder whether adding extra conditions for state liability is at all within the Member States' competences subject to equivalence & effectiveness. Good case to decide on division of powers on this point as well. #EUPLO

[EU Law Live @EulawLive]

State liability for breach of #eulaw is far from a done deal. This week, the OJ publishes the first infringement action brought against a Member State for its excessively stringent rules on State liability. One to closely watch for, reported at @EulawLive. https://t.co/qTeqoe21uH

[EUPLO @CJEUprocedure]

Jurisdiction of #ECJ over future EU-UK relations: @EU_Commission suggests France should negotiate for ECJ jurisdiction in bilateral agreement with UK over #eurotunnel - ECJ jurisdiction out for EU-UK FTA but in for Canterbury Agreement? See https://t.co/MYoYcp9Xwx #EUPLO #Brexit

[EUPLO @CJEUprocedure]

A different perspective compared to what has appeared in the mainstream media sofar on the conditionality of the #EU recovery fund agreed by the #EuropeanCouncil. Agree? #EUPLO #RuleOfLaw

[EU Law Live @EulawLive]

The #eucouncil agreement seems to have watered down the #ruleoflaw demands. But has it, really? In today's edition, @JMorijn looks into the details of the conclusions, which have much more teeth than what they look at first sight. Read it at @EulawLive. https://t.co/QAQD4XYzpK

[EUPLO @CJEUprocedure]

General Court partially grants application for confidential treatment of submissions in annulment proceedings against inspection decision of @EU_Commission - Confidentiality vis-à-vis intervening Member State (Germany) (T-514/18, 14.7.20) https://t.co/AEQayGdRQ1 #EUPLO #CJEU

[EUPLO @CJEUprocedure]

General Court dismisses action for failure to act against @EU_Commission for not adopting act maintaining #EU citizenship for UK citizens after #Brexit - Action inadmissible as Commission has no power to adopt such act https://t.co/lukMTJ13p0 #EUPLO #CJEU

[EUPLO @CJEUprocedure]

Identification of challengeable act in multi-stage decisionmaking often problematic. GC dismisses action against @EU_ECHA including substance on list for being of very high concern. Prior identification of substance by @EU_Commission is relevant act #EUPLO https://t.co/jvqTl3Vye4

[EUPLO @CJEUprocedure]

#GeneralCourt dismisses action for failure to act (265 TFEU) against #EuropeanCouncil in which member of Czech Parliament asked EC to exclude Czech PM from its meeting: no interest, no obligation to act, position defined (T-715/19, 17.7.20) https://t.co/aqCsP8ehj3 #EUPLO #CJEU