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Court: Court of Justice of the European Union

UK can unilaterally revoke art 50 notice and remain in the EU

Wightman & Ors v Secretary of State for Exiting the EU (C-621/18)

The UK is free to revoke unilaterally the notification under TEU, art 50 of its intention to withdraw from the EU. Such a revocation, decided in accordance with its own national constitutional requirements, would have the effect that the UK remains in the EU under terms that are unchanged as regards its status as a Member State.

Member states cannot make tax reduction dependent on proof of unsuccessful insolvency proceedings

Enzo Di Maura v Agenzia delle Entrate – Direzione Provinciale di Siracusa (Case C-246/16)

This case concerned the conditions applied for reductions in the taxable amount in cases of bad debts and whether these were compatible with the principles of proportionality and effectiveness of EU law. CJEU decided that a member state could not make the reduction depend on proof of unsuccessful insolvency proceedings when such proceedings could last […]

General obligationon electronic communications service providers to retain data in breach of EU law

Tele2 Sverige AB v Post-och telestyrelsen; SSHD v Tom Watson & Ors (C-203/15 & C-698/15)

The CJEU held that Members States may not impose a general obligation to retain data on providers of electronic communications services. EU law precludes a general and indiscriminate retention of traffic data and location data, but it is open to Members States to make provision for targeted retention of that data solely for the purpose of fighting serious crime, provided that such retention is limited to what is strictly necessary. Access of the national authorities to the retained data must be subject to conditions, including prior review by an independent authority and the data being retained within the EU.

Minimum price per unit of alcohol breaches EU law

Scotch Whisky Association & Ors v Lord Advocate (C- 333/14)

The CJEU has ruled that the Scottish legislation introducing a minimum price per unit of alcohol is centrally to EU law, if less restrictive tax measures can be introduced. It considered that a tax measure might provide additional benefits and broader response to the objective of combating alcohol misuse.

European Court of Justice orders MasterCard to repeal multilateral fallback interchange fees

MasterCard Inc. & Ors v Commission (C-382/12)

The Court of Justice dismissed the appeals brought against the General Court judgment in MasterCard Inc v European Commission (T-111/08) and thus validated the Commission’s decision prohibiting the multilateral interchange fees applied by MasterCard to cross-border transactions carried out by debit or credit card, bearing the MasterCard or Maestro logo, within the European Economic Area […]