Regulations (EE) n° 3820/85 and 3281/85 (that have since been rescinded by Regulation (EC) n° 561/2006) have been the subject of new references for a preliminary ruling on the concept of an “operational centre” in the meaning of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 …Lire la suite
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 …Lire la suite
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 …Lire la suite
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. …Lire la suite
The plaintiff, suspected of taking part in bombing attacks, was the subject of surveillance by a satellite geolocation system in the context of a criminal investigation. From his standpoint, this surveillance constitutes interference with his private life, and the use of the information thus obtained and used as proof before …Lire la suite