Posts

Alan Dashwood – Ending a Bad Marriage with a Messy Divorce – Is this the Future of the UK’s Relationship with the European Union?

This post is an abridged version of the 2015 Durham European Law Institute Annual Lecture, delivered by Professor Sir Alan Dashwood QC in Durham on 27 February 2015. Its substance has been prepared by the DELI Blog editorial team from the full text of the lecture, with the kind permission of Professor Dashwood, and constitutes an … Continue reading

Posts

Andrés Delgado Casteleiro – Four Cases for 2015 (IV) – Opinion 1/15 concerning the scope of the new exclusive competence on Foreign Direct Investment

Background On October the 30th, the Barroso Commission took its last decisions before the end of its term in office. Among those, it decided to request the Court to deliver an opinion pursuant to article 218 (11) TFEU on the competence to conclude the EU-Singapore Free Trade Agreement. According to former Trade Commissioner De Gucht, … Continue reading

Posts

Maria Haag – The Union citizen studying abroad: the “three-out-of-six” rule revisited – Comment on Martens

On the 26th of February 2015, the Court of Justice of the European Union (“CJEU”) decided on a case concerning student grants for Union citizens who do not reside in their home Member State. It follows a line of cases on Union citizenship and the grant of study finance: C-11/06 and C-12/06 Morgan and Bucher, … Continue reading

Posts

Andrés Delgado Casteleiro – Four cases for 2015 (III): Case T-646/14, Micula v Commission – State aids and International Dispute Settlement Systems

Introduction If you read the Daily Mail, you might know the Micula family from the stories about their extravagant way of life. Yet, for EU and international lawyers alike, the Micula surname has the potential of becoming as infamous as the Kadi surname. In case T-646/14 Micula v Commission the General Court is being asked … Continue reading

Posts

Oliver Bartlett – TV advertising of E-Cigarettes: To regulate or not to regulate?

Introduction On 9th October 2014 the Committee of Advertising Practice, the body responsible for producing the codes of practice to which broadcast and non-broadcast advertising in the UK must adhere, published new rules permitting the display for the first time of electronic cigarettes (ECs) in broadcast advertising media. This also marked the first time that … Continue reading

Posts

Andrés Delgado Casteleiro – Four cases for 2015 (II). Article 40 TEU and Pirates Transfer Agreements

Introduction Almost one month before the Court handed down its judgment on Case 658/12, Parliament v Council (Pirates case), the European Parliament brought a new action (C-263/14 Parliament v Council) on the conclusion of another transfer agreement, this time with Tanzania (the previous one was with Mauritius). The main plea for both cases is identical: … Continue reading

Posts

Iva Kovandova – A Brief Comparative Analysis of Predatory Pricing Rules in the EU and the US

Predatory pricing is a competition practice where a firm prices its products below their actual costs so that its competitors cannot keep up and are forced to exit the market. Once competitors are eliminated, the predator, now in the absence of competition, can later increase the price of its own products and recover the losses … Continue reading

Posts

Andrés Delgado Casteleiro – Four EU External Relations cases for 2015: (I) The direct effect of the Aarhus Convention and the implementation exception

Introduction Last year was a very busy year for the Law of EU External Relations. In light of the reforms introduced by the Lisbon Treaty, the Court of Justice revisited some of its fundamental case-law on EU External Relations. Questions concerning the scope and functioning of the powers of the EU in the external sphere … Continue reading

Posts

Maria Haag – Dano: No benefits for the economically inactive Union Citizen

On 11 November 2014, the Court of Justice of the European Union decided a case regarding the limits of the right to access to social assistance granted to Union citizens in host Member States under EU law. The case concerned two Romanian nationals, mother and son, living in Germany. Ms Dano was granted a residence … Continue reading

Posts

Jo Murkens – Would an independent Scotland welcome the EU?

What would be the characteristics of an ‘independent’ Scotland? And what kind of a Member State would it be? Intriguingly, the pro-independence Yes Scotland campaign promises continuity on key issues, such as the currency, the Queen, and the European Union. In a recent paper, Sionaidh Douglas-Scott claims that the process of continuing EU membership for … Continue reading

Posts

Davor Jancic – The Rule of Law Conundrum: Bolstering or Eroding the EU?

Introduction As a cornerstone idea of liberal democracy, the rule of law seeks to guarantee that government and governance operate in accordance with the law and not outside the boundaries of the law, so that the exercise of sovereign authority within a polity is not arbitrary but subject to the requirements of justice, fairness, efficiency … Continue reading

Posts

Daniela Cardoso – The quasi-European citizenship of third-country nationals under association agreements: which challenges for the principle of non-discrimination?

In the European Union, the legal situation of third-country nationals is predominantly established by international agreements. Third-country nationals are not regarded as European citizens but they benefit from some rights associated with such status according to the types of links shared with the Member States. However, these agreements reveal a patchwork of social, political and … Continue reading

Posts

Max Schofield – Snowballs and Windfalls: VAT reduced rates lead to unpredictable and unreasoned jurisprudence

The First-Tier Tribunal appeal decision, released 25 June 2014, regarding the applicable VAT rate to ‘Snowballs’ confectionery is not the first time that large amounts of money have hinged precariously on the definition of a cake, and it is unlikely it will be the last. Despite steps towards harmonisation of VAT systems, Member States have … Continue reading

Student Success
Posts

Student Success

DELI is committed to supporting and promoting opportunities for Durham students who are studing in the area of EU law. We are also committed to celebrating their successes. Three recent  Durham law graudates who have been studing EU competition law this year have been kind enough to share their experiences in obtaining training contracts at the highest level. Please see the attached … Continue reading

Posts

Stefano Capaccioli – VAT & Bitcoin – Are Bitcoin Exchange Transactions Exempt from the VAT Directive?

The Swedish Supreme Administrative Court in the Case No. 7101-13 resolved to submit a preliminary ruling under Article 267 TFEU on the interpretation of Article 135.1 of the Directive 2006/112/EC on VAT taxation on bitcoin. The question raised in a case in which advance ruling sought by a person who intends to carry on business … Continue reading

DELI Seminar – Prof Katalin Ligeti – 29/04/14
Posts

DELI Seminar – Prof Katalin Ligeti – 29/04/14

On 29 April  DELI organised a joint seminar with a fellow Durham research Centre, the Centre of Criminal Law and Criminal Justice. Professor Katalin Ligeti of the University of Luxembourg and Project Leader on the European Commission’s research programme “EU Model rules of Criminal Investigation and Prosecution” was warmly welcomed to the Law School to deliver a … Continue reading

Posts

Oliver Bartlett – Distilling Prospects: Reflections on the Proportionality of Minimum Unit Pricing under EU Law

On 3 May 2013 the Outer House of the Scottish Court of Session (CoS) ruled that the Alcohol (Minimum Pricing)(Scotland) Act 2012 (‘the Act’) which implemented a minimum unit pricing policy (MUP) for alcoholic beverages did not breach EU law on the free movement of goods. Although the measure had equivalent effect to a quantitative … Continue reading

Posts

Fabrizio Di Benedetto – The Committee on Foreign Investment in the US as a model for a Committee on Foreign Investment in the EU

The Committee on Foreign Investment in the United States (CFIUS) is a multi-agency committee responsible for the control of Mergers and Acquisitions (M&A) between US and non-US companies, that is to say the purchase of the partial or total shareholding of a US company by a non-US investor. The CFIUS is part of the executive … Continue reading

Posts

Fiona de Londras – CJEU Strikes Down Data Retention Directive

Today the Court of Justice of the European Union struck down the EU’s Data Retention Directive as a disproportionate interference with fundamental rights (full judgment). The Directive required European telecommunications companies to retain so-called ‘metadata’ for a minimum of 6 and maximum of 24 months (with exact retention periods determined by national legislation). The state … Continue reading