Latest news with #CJEU
Middle East Eye
16-07-2025
- Politics
- Middle East Eye
French legal group to take EU to court for ‘failing to prevent Gaza genocide'
French and Belgian jurists are due to file a case before the EU Court of Justice (CJEU) on Thursday against the EU Commission and Council for alleged 'failure to prevent genocide' in Gaza. Legal proceedings will come on the back of the failure by EU ministers on Tuesday to agree on suspending the EU-Israel Association Agreement. A review of the deal had found that Israel is in breach of the human rights terms associated with the agreement. The EU-Israel agreement provides for preferential trade terms, cooperation on research, culture and security, and a framework for political dialogue. Its human rights clause, Article 2, states that respect for democratic principles and human rights is an essential element of the partnership. New MEE newsletter: Jerusalem Dispatch Sign up to get the latest insights and analysis on Israel-Palestine, alongside Turkey Unpacked and other MEE newsletters The case, which will be filed in Luxembourg, is the first to challenge the two EU institutions for failing to act against Israel's devastating attack on Gaza. Israel's war on Gaza has been labelled a genocide by several EU members, including Spain, Ireland and Slovenia. The case will be filed by Jurists for the Respect of International Law (Jurdi), a French NGO, which sent formal notices on 12 and 15 May to the Commission and Council. They called for the suspension of cooperation agreements with Israel and for a halt to arms transfers amid the ongoing Israeli campaign, which is confirmed to have killed nearly 60,000 Palestinians in 21 months. UN's Albanese calls out 'appalling' EU failure to sanction Israel as 32-nation summit in Bogota kicks off Read More » Jurdi is requesting that the CJEU formally acknowledge this failure to act, and order EU institutions to suspend cooperation with Israel, adopt targeted sanctions and fulfil their duty of prevention. Jurdi's president, Patrick Zahnd, told Middle East Eye that the group is also requesting the court issue a binding order for emergency measures. According to Jurdi, the European Commission incurs legal responsibility of EU institutions with respect to Articles 2, 3, 21, 29, and 215 of the Treaty on the Functioning of the European Union (TFEU), the EU–Israel Association Agreement and the peremptory norms of international law (jus cogens). The case argues that the EU violated four principles of international law, including the obligation to prevent genocide, the duty to end impediments to the Palestinian people's right to self-determination, the prohibition on recognition of or assistance to an unlawful situation, such as prolonged occupation, and the obligation to ensure respect for international humanitarian law, particularly in the face of war crimes and crimes against humanity. On Tuesday, the EU's 27 foreign ministers in Brussels failed to agree on the suspension of the EU-Israel Association Agreement. They also failed to agree on nine other possible measures against Israel put forward after it was found to have breached human rights provisions of the trade agreement. The measures that would have been agreed on Tuesday included full suspension of the agreement, suspension of its preferential trade provisions, an arms embargo, sanctions on Israeli ministers, or imposing a ban on trade with Israeli settlements in occupied Palestine.
Euractiv
15-07-2025
- Politics
- Euractiv
Major blow to Pornhub as France's highest court re-introduces age verification
France's state council has overruled a Paris administrative court ruling to suspend a government decree on 15 July – meaning that all porn websites offering services in France must verify their users' age. The ruling from the state council on Tuesday comes only weeks after the Paris administrative court suspended a governmental decree requiring age verification for EU-based porn websites in June. Today's decision is the latest development in the dispute championed by French Digital Minister Clara Chappaz, affecting adult websites including Pornhub, YouPorn and Redtube which are owned by Cyprus-based company Aylo as well as xhamster-owner Hammy Media. "The State Council has decided: the law has to be followed," wrote Chappaz on X. But the council's ruling only suspends the June court decision and does not pre-empt the forthcoming preliminary ruling from the Court of Justice of the EU (CJEU). The CJEU must determine whether the French government's decree requiring EU-based porn companies to comply with national law conflicts with EU law. In short, this is merely a temporary victory for Chappaz, as the CJEU could still annul the French government's decree for failure to comply with EU law. It remains unclear whether Aylo will shut down its websites in France, as it did in June to protest enforcement of the French SREN law – the law the government decree aimed at enforcing. The European Commission on Monday proposed new guidelines to protect minors online. France claimed victory, saying the Commission's proposal enshrined its own approach mandating age verification for accessing pornographic website throughout the EU. Aylo did not respond to a request for a comment at the time of reporting. (vib)
Euractiv
15-07-2025
- Politics
- Euractiv
European Commission questions legitimacy of Spain's Amnesty Law
MADRID - A legal representative of the European Commission told the EU's top court that Spain's controversial Amnesty Law stems from a 'political pact' linked to the re-election of Prime Minister Pedro Sánchez in 2023. At a hearing before the Court of Justice of the EU (CJEU) on Tuesday, Commission legal representative Carlos Urraca Caviedes stated that the law 'does not seem to respond to an objective of general interest,' arguing it was 'part of a political agreement to achieve the investiture of the Spanish government.' The CJEU proceedings, initiated by Spain's Court of Auditors and the National High Court, aim to assess whether the Catalan secessionist movement harmed the EU's financial interests – and whether the amnesty amounts to a politically driven 'self-amnesty.' The legislation, passed with the backing of Catalonia's pro-independence ERC and Junts parties, offers pardons to hundreds of individuals involved in the independence push between 2012 and 2023, including figures tied to the 2017 unilateral declaration of independence. In Madrid, government spokesperson Pilar Alegría responded to Urraca Caviedes's statement by defending the law as a means of promoting national unity and reconciliation between Madrid and Barcelona, the regional capital of Catalonia. She noted that both Spain's Constitutional Court and the Council of Europe's Venice Commission had endorsed its legality, and that no EU recovery funds were found to have financed the independence movement. Nevertheless, legal uncertainty persists. Last year, Spain's Supreme Court upheld embezzlement charges against separatist leader Carles Puigdemont, thus refusing to apply the amnesty law to him. Puigdemont is accused of misusing public funds to finance the 2017 Catalan independence referendum, specifically by channelling around €1.6 million of taxpayers' money intended for public services towards referendum-related expenses. His most recent appeal was dismissed in April. The CJEU ruling, expected by the end of the year, will be binding on all Spanish courts. (cs, aw)
Economic Times
11-07-2025
- Business
- Economic Times
EU's top court adviser sides with Italy in Meta Platforms dispute
The European Union's Court of Justice (CJEU) is handling a dispute between Facebook owner Meta and the Italian communications authority AGCOM, over a fee the US tech giant has to pay publishers in Italy for using snippets of their news articles. Tired of too many ads? Remove Ads Tired of too many ads? Remove Ads EU member states have the right to impose their own measures to strengthen the position of publishers in their dealings with large online platforms as long as these do not undermine freedom of contract, an adviser to the EU's highest court said on European Union's Court of Justice (CJEU) is handling a dispute between Facebook owner Meta and the Italian communications authority AGCOM, over a fee the U.S. tech giant has to pay publishers in Italy for using snippets of their news had questioned whether such national measures are compatible with rights already granted to publishers under the EU copyright legislation But CJEU Advocate General Maciej Szpunar said the rights the EU had intended to give to publishers went beyond only allowing them to oppose the use of their material if they were not paid for them."Their purpose is to establish the conditions under which those publications are actually used, while allowing publishers to receive a fair share of the revenues derived by platforms from that use," he said."The limitations introduced pursue a public interest recognised by the EU legislature: strengthening the economic viability of the press, a key pillar of democracy."Meta said it would await the court's final decision, but added it believed that the Italian implementation of the directive undermined copyright harmonization across Europe."This case highlights the need for consistent legislation, as fragmentation stifles innovation and creates uncertainty," a Meta spokesperson his opinion, Szpunar said the Italian regulator should keep in mind contractual freedom."The powers conferred on AGCOM - including the definition of benchmark criteria for determining remuneration, the resolution of disagreements and the monitoring of the obligation to provide information - are permissible if they are limited to assistance and do not deprive the parties of their contractual freedom," he court, which usually follows the majority of recommendations by the advocate-general, will rule in the coming case is C-797/23 Meta Platforms Ireland (Fair compensation)
Yahoo
11-07-2025
- Business
- Yahoo
EU's top court adviser sides with Italy in Meta Platforms dispute
By Bart H. Meijer and Foo Yun Chee BRUSSELS (Reuters) -EU member states have the right to impose their own measures to strengthen the position of publishers in their dealings with large online platforms as long as these do not undermine freedom of contract, an adviser to the EU's highest court said on Thursday. The European Union's Court of Justice (CJEU) is handling a dispute between Facebook owner Meta and the Italian communications authority AGCOM, over a fee the U.S. tech giant has to pay publishers in Italy for using snippets of their news articles. Meta had questioned whether such national measures are compatible with rights already granted to publishers under the EU copyright legislation. But CJEU Advocate General Maciej Szpunar said the rights the EU had intended to give to publishers went beyond only allowing them to oppose the use of their material if they were not paid for them. "Their purpose is to establish the conditions under which those publications are actually used, while allowing publishers to receive a fair share of the revenues derived by platforms from that use," he said. "The limitations introduced pursue a public interest recognised by the EU legislature: strengthening the economic viability of the press, a key pillar of democracy." Meta said it would await the court's final decision, but added it believed that the Italian implementation of the directive undermined copyright harmonization across Europe. "This case highlights the need for consistent legislation, as fragmentation stifles innovation and creates uncertainty," a Meta spokesperson said. In his opinion, Szpunar said the Italian regulator should keep in mind contractual freedom. "The powers conferred on AGCOM – including the definition of benchmark criteria for determining remuneration, the resolution of disagreements and the monitoring of the obligation to provide information – are permissible if they are limited to assistance and do not deprive the parties of their contractual freedom," he said. The court, which usually follows the majority of recommendations by the advocate-general, will rule in the coming months. The case is C-797/23 Meta Platforms Ireland (Fair compensation). Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
