Monthly Archives: June 2013

‘Where law and new technology meet’ – JÄÄSKINEN AG turns to business model in Google Spain to establish scope of application of the data protection Directive. No right to be forgotten under the Directive or Charter.

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As announced on the blog earlier, JÄÄSKINEN AG has opined this morning in Case C-131/12 Google Spain. The Opinion covers a lot of issues in relatively condensed space – one of these Opinions where you should not trust the summary of a blogger, for invariably the blog posting does not do justice to all issues addressed. Below my highlights on the basis of diagonal reading: for I find this too important an Opinion not to flag it immediately.

As summarised by the AG, according to Article 4(1) of the Directive, the primary factor that gives rise to the territorial applicability of the national data protection legislation is the processing of personal data carried out in the context of the activities of an establishment of the controller on the territory of the Member State. Further, when a controller is not established on EU territory but uses means or equipment situated on the territory…

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Have you left your country in the last 5 years? Where for? Why?

Tell us your story, participate in an online research survey!

Help us track how the economic crisis has affected migration and mobility in the EU. This joint project is coordinated by the Global Governance Programme (EUI), the Elcano Royal Institute, Trinity College Dublin, and the Technical University of Lisbon.

Over the past five years, residents of southern Europe and Ireland have been hard hit by economic crises and austerity measures, facing high levels of unemployment, a fall in salaries and welfare benefits, and a substantial deterioration of their professional development and quality of life. The employment crisis seems to have hit the young more than other age groups.
Many have responded by leaving for other countries or continents.
There has been a certain media hype about these new emigration waves, however, little is known about who is actually emigrating, where they are going, why they are leaving, and what this means for the southern European countries’ economy and society.

The online survey is part of a research initiative aiming to understand whether and in what ways the ongoing crisis has affected migration and mobility in the EU, and particularly in Greece, Ireland, Italy, Portugal and Spain.
The project is coordinated by the Global Governance Programme of the EUI together with the Elcano Royal Institute in Madrid, Trinity College Dublin and the Technical University of Lisbon.
The survey will run online from 20th May to 20th July 2013.
First data and analysis will be published in October 2013.

Participate in the survey, tell us your story!
The Survey is available in 5 languages:

By Anna Triandafyllidou and Ruby Gropas ( EG visiting professors).

Getting the hint, punk? European data protection authorities step up fight against Google

gavc law - geert van calster

Postscript 30 September 2013: see here for the CNIL press release stating that Google has failed to comply and shall be served an official enforcement notice.


I reported earlier on the referral to the ECJ of questions surrounding jurisdiction under the data protection Directive: the AG’s Opinion in that case, C-131/17 is due tomorrow (25 June). Last week, the French data protection authority (‘CNIL’)  ordered Google to comply with the French Data Protection Act, within three months. That in itself of course is testimony to the French determination in their own national procedure. However the agency’s action is unusual in that it announces co-ordinated action between a wide variety of European data protection agencies. CNIL notes

The Data Protection Authorities from Germany, Italy, the Netherlands, Spain and the United Kingdom carry on their investigations under their respective national procedures and as part of an international administrative cooperation.


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Regulation adopted on mutual recognition of protection measures in civil matters – This is important, folks!

gavc law - geert van calster

Agreed, not a formidably appealing title for either a Regulation or a blog post. However the subject-matter really is important, as is its significance for EU private international law. On 31 May, Council adopted the Regulation on mutual recognition of protection measures in civil matters. The Regulation applies to protection measures ordered with a view to protecting a person where there exist serious grounds for considering that that person’s life, physical or psychological integrity, personal liberty, security or sexual integrity is at risk, for example so as to prevent any form of gender-based violence or violence in close relationships such as physical violence, harassment, sexual aggression, stalking, intimidation or other forms of indirect coercion.

Decisions taken under the Brussels IIa Regulation (Regulation 2201/2003) continue to be recognised and enforced under that Regulation, which concerns jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental…

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JÄÄSKINEN AG in Shell: Re-blended fuel was discarded. Waste status of off-spec and reverse logistics products remains uncertain.

gavc law - geert van calster

I have reported earlier on the importance of the judicial review in Shell. JÄÄSKINEN AG this morning opined that A consignment consisting of fuel which the vendor takes back and processes through blending with a view to placing it back on the market, because the fuel had been unintentionally mixed with a substance and therefore no longer satisfies safety requirements so that it could not be stored by the buyer pursuant to an environmental permit, must be considered as waste

The Advocate-General’s Opinion was very much focused on the factual aspects of the case. Disappointingly, he did not much entertain many of the criteria suggested by the court at Rotterdam – for reasons of judicial economy, one imagines. However Advocate Generals do often get carried away on the analysis. A pitty that did not happen here. Core to the AG’s Opinion is his finding (at 25) that

re-blending of the fuel…

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Karlsruhe Blues

Investors are watching with bated breath for the outcome of this week’s two-day round of hearings at the Federal Constitutional Court of Germany. In a case brought before the Court by  the academic  founders of the new “Alternative for Germany” political party among others, and whose petition was signed by 35,000 Germans ,  the Court has to judge on the compatibility of the ECB’s Outright Monetary Program with the German Constitution.

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No national (tort) law, please. The ECJ in Melzer v MS Global.

gavc law - geert van calster

In Case C-228/11 Melzer v MS Global, the court at Dusseldorf requested the Court of Justice to clarify Article 5(3) Brussels I, the special jurisdictional rule for tort: on the basis of the application of this rule in Bier, a defendant may be sued in the place where the damage occurred (locus damni) and, if different, where the action (or inaction) leading to that damage occurred (the locus delicti commissi) . Article 5(3), like Article 5(1), determines not just international jurisdiction [i.e. the courts of which Member State have jurisdiction], but also territorial jurisdiction within that State.

Mr Melzer, who is domiciled in Berlin, was solicited as a client and looked after by telephone by the company Weise Wertpapier Handelsunternehmen (‘WWH’), whose registered office is in Düsseldorf. That company opened an account for Mr Melzer with MF Global UK Ltd (‘MF Global UK’), a brokerage house located in…

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