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Thierry Granturco

Thierry Granturco est avocat aux Barreaux de Paris et de Bruxelles, spécialiste de droit du sport. Il est actif dans le milieu du football professionnel depuis plus de 20 ans après avoir lui-même joué à haut niveau à l'Olympique Lyonnais (OL).

European protection of passengers’ rights: bus and coach users

The new regulation on passengers’ rights in bus and coach transport has just been published in the Official Journal of the European Union. This is a complement to Regulation (EU) n° 1177/2010 of the European Parliament and the Council of 24 November 2010 concerning the rights of passengers when travelling …

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Operation of an urban tourist bus line based on the principle of free establishment enshrined by the Treaty on the functioning of the European Union

The Court of Justice of the European Union has confirmed that legislation on cabotage operations by bus or coach based on the principle of freedom to provide services only concerns the situations targeted by the regulations in question. Conversely, Article 49 TFEU that lays down the principle of freedom of …

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Excise taxes on used vehicles

On introducing into Bulgaria a used vehicle bought in France, the plaintiff was charged excise tax. He challenged the amount, considering that the tax is discriminatory, and moreover, that it is contrary to the provisions of Article 110, paragraph 1 TFEU (former Article 90 EC).

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Validity of a driving license obtained in a State other than the State where a first license was issued

Once again an issue was brought before the Court of Justice of the European Union based on the principle of the mutual recognition of the validity of a driving license issued in a State other than the one that had withdrawn the license. The Court confirmed that the margin of …

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Proportionality in police action … and in sentencing

The case has just been judged by the Canadian Supreme Court combining the application of the criminal code and the Canadian charter of rights and freedoms. A motorist in a state of intoxication was arrested with the use of force as well as blows, after a police chase. The defendant …

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Road transport: new details on how to calculate rest time for drivers

Regulations (EE) n° 3820/85 and 3281/85 (that have since been rescinded by Regulation (EC) n° 561/2006) have been the subject of new references for a preliminary ruling on the concept of an “operational centre” in the meaning of Article 1 item 5, that was already discussed by the Court in …

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CMR versus Regulation (EC) n°44/2001. Which applies in the event of a conflict of law – the CMR or European law?

An ordinary dispute pertaining to goods lost during international road transport, opposing TNT Express Nederland to the German company Axa, is what initiated this judgment. Axa had launched action for compensation in August 2004 before a German judge, but the carrier TNT, which had already lodged a declaratory action in …

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Organization of medical transport in Germany

NOTE: The German medical transport services have been scrutinized again from the standpoint of the law of the European Union. After having confronted them with competition, and in particular Articles 82 and 86(2) (which have become Articles 102 and 106 § TFEU) in its well-known judgment Ambulanz Clöckner (ECJ, 25 …

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Recognition of driving licences

The question of the modalities of recognising a driver’s license encountered in cases of ‘tourism for purposes of a driver’s license’ could be considered as dealt with by the Court following its having repeatedly taken a position (ECJ, 29 April 2004, case C-476/01, Kapper : Collection ECJ 2004, I, p.5205. …

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