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Analysis of the way to deal with the non bis in idem rule in an international context

The issue of the the non bis in idem principle in an international context raises very specific challenges. Yet, a more effective implementation of this principle at the international level could promote a more just and efficient repression. The difficulties raised by the delimitation and implementation of the non bis …

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The non bis in idem rule apply to both criminal and administrative sentences

After being prosecuted and acquitted for the accused were ordered to pay civil penalties for their smuggling offense. Not surprisingly. The Court states a violation of the rule non bis in idem, enshrined in article 4 of protocol 7, which prohibits the courts of one State to pursue, prosecute or …

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The Uber case in France

The French Constitutional Council was referred on 13 March and 3 April 2015 to three preliminary questions on constitutionality by the companies France SAS and Uber BV.

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The constitutional principle of voluntary action of citizens can justify the granting, without competition, of emergency medical transport services in certain conditions

The question before the Court is yet another confrontation of a national provision linked to health since it concerns whether the emergency and extreme urgency medical transport – and European provisions – belong to public procurement law or internal market law. However the provision at issue – substantially, the requirement …

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Allowing London taxis to drive on bus lanes is not a State aid

London taxis are allowed to drive on bus lanes and do not receive any State aids. In London, only London taxis, subject to strict Regulations, are allowed to drive on bus lanes. The Eventech company that developed a passenger transport service activity in the London area objected to the fines …

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Commuting time is part of working time

The commuting time of professional drivers from their home to their workplace has already been subject to European jurisprudence. The latter is interesting on many levels. Indeed, on 10 September 2015, the Court of Justice of the European Union ruled that the commuting time between their home and the first …

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Vehicle taxation in Romania: how to make a long story short

A question for which the government concerned asked the Court of Justice, pursuant to article 16, paragraph 3 of the statute of the Court of Justice, to sit in a Grand Chamber for a national litigation concerning the compatibility with article 110 TFEU of an environmental taxation system on motor …

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The ECJ shows again its sensitiveness to animal protection during transportation

The request below for a preliminary ruling concerns the interpretation of Regulation 2005 relating to the protection of animals during their transport (EU Council, regul. (EC) No.1/2005, 22 Dec. 2004: OJEU No. L3, 5 Jan. 2005, p. 1 and OJEU ; No. L 336, 20 Dec. 2011, p. 86), in …

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Vehicles leasing and VAT : the ECJ attempt to get professional out of the fog

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. …

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Agreed working time in France in road intercity transport

A bus driver, recruited in 2003 resigned in 2005. He accuses his employer of multiple breaches: non- payment of all hours, of a thirteenth month, of a crew bonus, meal vouchers… the dispute is subject to an interim order, challenged on appeal. The matter is also addressed on the merits …

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