CJEU clarifies application of the 'double jeopardy' rule within EU. Once this person's criminal liability was ruled on in Germany, other Member States could not arrest him as regards the same facts, even on the basis of Interpol red notice issued by USA:
The CJEU also interprets the EU law on data protection and law enforcement (which is distinct from/parallel to the GDPR) in this context.
Interesting CJEU AG opinion on sanctions - not *EU* sanctions here, but US sanctions (in this case Trump's sanctions on Iran) vs. EU law intended to block companies from compliance with non-EU sanctions. Full text of opinion - curia.europa.eu/juris/document…
More coming from the EU courts this morning - judgments due on
- Luxembourg's alleged State aid tax breaks to Amazon
- Commission refusal to register a European citizens' initiative banning trade re Israeli settlements
- refusal to register 'Bavarian Weed' as EU trade mark
CJEU, asylum law
AG opinion: children of refugees should not automatically be given refugee status; an assessment of their individual situation is necessary: curia.europa.eu/juris/document…
EU General Court, State aid/taxation
New judgment: Luxembourg tax decision re Amazon did not constitute State aid
Note - Court strikes down Commission decision because of an inadequate statement of reasons. The Commission rejected registering the ECI on the grounds that this was foreign policy, not trade policy. Neither is a view on the merits of whether trade with settlements *should* end.
Remains to be seen if Commission registers ECI or refuses to again, based on a fuller statement of reasons. IF it's registered and gets 1 million signatures that doesn't mean Commission must propose ban on trade with settlements - case law says it has discretion how to respond.
EU General Court - case arguing that "Bavarian Weed" should have been registered as an EU trade mark fails. Full text: curia.europa.eu/juris/document…
(nb all General Court judgments may be appealed to the CJEU - although there's a quasi-leave to appeal process re EU trade mark cases)
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I'll be referring to the bill, the memorandum, and the explanatory notes.
The notes say (para 63) that the govt 'is publishing an ECHR memorandum which explains in detail its assessment of the compatibility of the Billʹs provisions with the Convention rights'
1/ Final step in EU conclusion of the Brexit deal - EU Council adopts decision concluding the agreement: consilium.europa.eu/en/press/press…
Further reading ->
2/ I've updated my compilation of Brexit sources - to include the Brexit deal as well as implementation of the withdrawal agreement - eulawanalysis.blogspot.com/p/guide-to-bre…
1/ From leaked documents - the EU is planning two further statements when it concludes the Brexit deal this week. Most remarkable is this - the EU will terminate criminal law cooperation under the deal if the UK denounces the ECHR or guts the Human Rights Act.
2/ In the case that a data protection adequacy decision is ended, it's *possible* that the EU will end criminal law cooperation under the deal as a whole ("where necessary").
3/ This implements the option under the Brexit deal for either side to terminate the criminal law part in the event that the UK or any Member State denounces the ECHR or any of the three protocols referred to. I discuss that further here: eulawanalysis.blogspot.com/2021/01/analys…