Alle Artikel von EuGH

The ECJ’s First Bitcoin Decision: Right Outcome, Wrong Reasons?

Julie Maupin

A few days ago, the Court of Justice of the European Union issued its first ever ruling on the digital currency known as Bitcoin. The case is likely to be only the opening salvo in the barrage of legal quandaries to come. It is the provenance of courts to pour new wine into old wine skins. Lawmakers, policymakers, and the academics who advise them, on the other hand, should start thinking long and hard about whether what we are dealing with is wine at all anymore. Weiterlesen

433 Julie Maupin

EuG-Urteil zur Ukraine: Scheitert die europäische Außenpolitik an den eigenen Ansprüchen?

Alice Bertram

In seinem neuesten Urteil vom 26. Oktober 2015 zum Einfrieren von Konten, auf denen veruntreute ukrainische Staatsgelder zu vermuten sind, unterwirft sich die europäische Justiz strengen Maßstäben. Obgleich es grundsätzlich wünschenswert ist, dass Eingriffe der EU in die Handlungsfreiräumer Einzelner so restriktiv wie möglich behandelt werden, scheint das Gericht der Europäischen Union (EuG) in diesem Fall die außenpolitische Handlungsfreiheit des Rates der Europäischen Union über Gebühr zu beschränken. Weiterlesen

226 Alice Bertram

The Delvigne judgment and the European franchise: going boldly… but perhaps not boldly enough

Sébastien Platon

In it's recent "Delvigne" decision, the Court took a rather bold stance on the material scope of the right to vote and to stand as a candidate at elections to the European Parliament. I will however also argue that, in some respect, this stance was not bold enough. Weiterlesen

364 Sébastien Platon
 Schwerpunkt  The Schrems Case

What Schrems, Delvigne and Celaj tell us about the state of fundamental rights in the EU

Daniel Sarmiento

The overall message looks puzzling. First, privacy is a super-fundamental right that reigns supreme above all other rights after the Court’s decision in Schrems. Second, national electoral rules governing the right to vote in elections to the European Parliament come under the scope of application of the Charter, but Member States can restrict such a right as long they do so in a proportionate way, says the Court in Delvigne. And third, illegal immigrants who have already been ordered to abandon the territory of the EU can be subject to criminal prosecution if they ever return, according to the Court in Celaj. In sum, Privacy is a super-fundamental right. The right to vote is quite super, but not as much. The rights to liberty and free movement are not super at all, at least when they concern third country nationals. Is this the kind of case-law one would expect from a fundamental rights court? Does this make any sense at all? Maybe it does. Weiterlesen

396 Daniel Sarmiento
 Schwerpunkt  The Schrems Case

The Schrems Judgement: New Challenges for European and international companies

Gero Ziegenhorn

In Schrems the CJEU has declared the Safe-Harbor-Decision of the European Commission invalid whilst strengthening the EU fundamental rights. The Court has done so with astonishing clarity. Although the matter is about Facebook Ireland’s transfer of data to servers of Facebook, Inc. in the U.S., it, ironically, will not be Facebook but companies of the European “old economy” that will have to face severe consequences in the aftermath of this landmark judgement. In many cases of every day data processing in the business world, the consent of data subjects will be impossible to obtain. It is at the same time nearly impossible to prevent data to be transferred outside the EU. Hence, a vast number of data processing operations which were lawful before Schrems are now illegal. Weiterlesen

429 Gero Ziegenhorn
 Schwerpunkt  The Schrems Case

Could the Schrems decision trigger a regulatory „race to the top“?

Bilyana Petkova

By and large the possibility of challenging mass surveillance worldwide can be strengthened by two factors. Perhaps counter-intuitively, the first should be the support of the business community. The second is democracy. Weiterlesen

412 Bilyana Petkova
 Schwerpunkt  The Schrems Case

Negotiating the Data Protection Thicket: Life in the Aftermath of Schrems

Orla Lynskey

The Schrems judgment of the ECJ has implications for the viability of the commercial practices of Internet giants (and minions), for the legality of state surveillance practices and for the future sustainability of an Internet that is global rather than parochial. It is thus not surprising that the Court of Justice of the EU delivered its judgment only one week after the Opinion of the Advocate General and that this judgment has attracted so much academic and media attention, including through the existing commentary on this blog. In adding to this commentary, I shall not rehash the well-versed facts but shall focus on three points which I found striking. Weiterlesen

426 Orla Lynskey
 Schwerpunkt  The Schrems Case

The Sinking of the Safe Harbor

Christopher Kuner

The judgment of the Court of Justice of the European Union (CJEU) in Schrems v. Data Protection Commissioner (Case C-362/14) is a landmark in EU data protection law, but one about which I have serious misgivings. While I share the Court’s concern regarding the surveillance practices of the US government (and other governments for that matter) and some of its criticisms of the EU-US Safe Harbor Arrangement, I take exception to its lack of interest in the practical effects of the judgment and the global context in which EU law must operate. Weiterlesen

425 Christopher Kuner
 Schwerpunkt  The Schrems Case

The Essence of Privacy, and Varying Degrees of Intrusion

Martin Scheinin

What is remarkable in the CJEU's Schrems decision is that a) the Court actually identified the intrusion in question as falling under the notion of the essence of privacy – something the European Court of Human Rights has never done under the privacy provision of ECHR Article 8, and b) the identification of an intrusion as compromising the essence of privacy meant that there was no need for a proportionality assessment under Article 52 (1.2) of the Charter. For these reasons, the Max Schrems judgment is a pathbreaking development, a major contribution to the understanding of the structure and legal effect of fundamental rights under the Charter. Weiterlesen

261 Martin Scheinin
 Schwerpunkt  The Schrems Case

Schrems v. Commissioner: A Biblical Parable of Judicial Power

Russell Miller

We might celebrate the Court’s decision in Case C-362/14 as an improbable victory of good (data-privacy) over evil (consumer and intelligence data abuses). But I want to offer some words of caution about god-like judicial power. Weiterlesen

59 Russell Miller