The editorial team of REALaw welcomes submissions on the following judgments:
- Judgment of the Court (First Chamber) of 6 October 2021, Danilo Poggiolini v European Parliament, C‑408/20 P and Carlo Tognoli v European Parliament, C‑431/20 P
Appeal – Institutional law – Single statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Modification of pension entitlements – Act adversely affecting an official – Provisional position – Independent legal effects
Reference for a preliminary ruling – Company law – Takeover bids – Directive 2004/25/EC – Article 5 – Mandatory bid – Article 4 – Supervisory authority – Final decision making a finding of infringement of the obligation to make a takeover bid – Binding effect of that decision in subsequent proceedings for an administrative sanction initiated by the same authority – EU law principle of effectiveness – General principles of EU law – Rights of the defence – Charter of Fundamental Rights of the European Union – Articles 47 and 48 – Right to silence – Presumption of innocence – Access to an independent and impartial tribunal
- Judgment of the Court (Grand Chamber) of 15 July 2021, Commission v Landesbank Baden-Württemberg and SRB, C-584/20 P and C-621/20 P
Appeal – Banking union – Single Resolution Mechanism (SRM) – Single Resolution Fund (SRF) – Calculation of the 2017 ex ante contributions – Authentication of a decision of the Single Resolution Board (SRB) – Obligation to state reasons – Confidential data – Legality of Delegated Regulation (EU) 2015/63
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 47 – Regulation (EU) 2016/679 – Cross-border processing of personal data – ‘One-stop shop’ mechanism – Sincere and effective cooperation between supervisory authorities – Competences and powers – Power to initiate or engage in legal proceedings
- Judgment of the Court (Grand Chamber) of 22 June 2021, Latvijas Republikas Saeima (Points de pénalité), C-439/19
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Articles 5, 6 and 10 – National legislation providing for public access to personal data relating to penalty points imposed for road traffic offences – Lawfulness – Concept of ‘personal data relating to criminal convictions and offences’ – Disclosure for the purpose of improving road safety– Right of public access to official documents– Freedom of information– Reconciliation with the fundamental rights to respect for private life and to the protection of personal data– Re-use of data– Article267 TFEU– Temporal effect of a preliminary ruling– Ability of a constitutional court of a Member State to maintain the legal effects of national legislation incompatible with EU law – Principles of primacy of EU law and of legal certainty
- Judgment of the Court (Grand Chamber) of 12 May 2021, Bundesrepublik Deutschland (Notice rouge d’Interpol), C-505/19
Reference for a preliminary ruling – Convention implementing the Schengen Agreement – Article 54 – Charter of Fundamental Rights of the European Union – Article 50 – Ne bis in idem principle – Article 21 TFEU – Freedom of movement of persons – Interpol red notice – Directive (EU) 2016/680 – Lawfulness of the processing of personal data contained in such a notice
Reference for a preliminary ruling – Banking supervision – Reorganisation and winding up of credit institutions – Directive 2001/24/EC – Reorganisation measure adopted by an administrative authority in the home Member State of a credit institution – Transfer of rights, assets or liabilities to a ‘bridge institution’ – Transfer back to the credit institution subject to the reorganisation measure – Article 3(2) – Lex concursus – Effect of a reorganisation measure in other Member States – Mutual recognition – Article 32 – Effects of a reorganisation measure on a pending lawsuit – Exception to the application of the lex concursus – Article 47, first paragraph of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Principle of legal certainty
Texts can be submitted for publication either on the blog or in the journal:
- Case notes are to be published on the blog and are no longer than 1,000 words. Please contact the blog editor, Dr Yseult Marique (ymarique [@] essex.ac.uk) to notify her of your intention to submit a case note prior to your submission.
- Case Law Analyses are peer-reviewed pieces published in the journal and are between 2,000 and 6,000 words (including footnotes). Please contact the journal’s Managing Editor (realaw [@] rug.nl) to notify her of your intention to submit a case note prior to your submission.
Last updated on 14th November 2021.