Some would think that there is payment of duties only when placing on the EU market goods coming from a third country. Actually, however, it is more complex in view of the conflicting objectives of customs law (1) and of a formalistic approach of the ECJ (2) that could evolve …
Lire la suitePourquoi le foot anglais est « so rich »?
SPORT – A l’heure où le football français se déchire autour d’une réforme de la Ligue de Football Professionnel aux contours encore incertains mais qui comporterait – horreur et damnation ! – la création d’une Première Ligue (sans la Ligue 2), la « Premier League » anglaise vient de rendre publique une …
Lire la suiteTachographs, data privacy and declaration to the national data protection authorities in France
The treatment of data coming from a tachograph installed in road transport vehicles are now subject to a declaration exemption by the NCIL (Exemption No. 19), whenever they have the sole purpose of controlling the use of vehicles in accordance with the regulations, including the social legislation (in compliance with …
Lire la suiteAccess to personal data : a new ECJ case
The Court deals in these cases with similar issues from two Dutch courts relating to the protection of personal data. In both cases, the questions concern the interpretation of Directive 95/46/EC (EP and EU Council Dir. 95/46/EC, 24 Oct 1995: OJEC n° L 281, 23 Nov. 1995, p. 31) and …
Lire la suiteThe ECHR condemns France for the management of its police file
After having questioned the French system for the conservation of fingerprints (ECHR, 18 Apr 2013, n° 19522/09 MK c France: JCP G 2013, Act 576), the ECHR draws a similar conclusion for STIC files (offence processing system files). The plaintiff was the subject of a complaint following an argument with …
Lire la suiteIdentity documents and names : can a State add another name of birth of an individual in addition to their surname ?
Patronymic name contained in passports: can a State add another name of birth of an individual in addition to their surname?
Lire la suiteRental of an industrial vehicle with driver : the rules applicable in France
The decree of 19 June 2014 (OJRF of 21 June 2014, p. 10240) published the new standard agreements relating to the rental of industrial vehicles with driver, for road freight transport. The text came into effect on 1st July 2014. The principle of a standard agreement in matter of road …
Lire la suitePolice record and respect of privacy in France
An expected condemnation: the STIC system declared contrary to the right to privacy! The European Court of Human Rights condemns, on the grounds of article 8 of the ECHR, the system of a police record (STIC) as it can keep data on a person implicated in criminal proceedings for twenty …
Lire la suiteRegistration of vehicles in Romania and taxation : follow-up of a (too) long story
The sixth directive on VAT gives a particularly interesting illustration of the scope linked to the direct effect. The litigation takes place after a vehicle instalment sales transaction. The company GMAC takes part as an intermediate between the two concessionary and the client by means of a sales-type capital lease. …
Lire la suiteIs a transport service a single and composite service or is it a set of separate services?
The first issue is most certainly to define the transport service itself. This definition is linked to different types of services that can be considered separately, in a set of services delivered to the same customer, or globally, when inseparable, thus actually forming a single transport service for the application …
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