I'm looking to compile an exhaustive list of case law relevant to Article 6(3) of the GDPR. I've noticed that EUR-Lex's "affected by case" section under "document information" provides some cases, but it doesn’t appear to cover everything. When I search on Curia under the "data protection" category for "Article 6(3)," I find more cases than those listed on EUR-Lex. I've also come across relevant case law in legal doctrine that didn’t appear in my Curia search results however.

What’s the best approach to ensure I’m finding all relevant case law for Article 6(3) of the GDPR?

Any advice would be greatly appreciated!

Hi, I'm learning EU law at the university and while learning about the Freedom to provide services I've come across the Article 16, section 2 letter a) of the Directive 2006/123/EC, which bans the member states from imposing an obligation on the provider to have an establishment in their territory.

I was thinking whether the same rule ('course not derived from the Directive) would apply for Free movement of goods (derived from Article 34 TFEU). Like an obligation imposed on the seller to have an estabilishment in order to be able to sell goods. My view on this is, that it would be considered an MEE, but I would like to hear different opinions and discuss about this. I couldn't find any case law supporting any of the views.

Title

It follows from article 52(1) of the charter that any limitation on the excercise of the rights and freedoms recognised by the charter must be provided for by law and respect the essence of those rights and freedoms. Furthermore limitations on freedoms and rights must be necessary to meet objectives of general interest recognised by the union and the limitations need to be proportionate too.

Im trying 1) to determine necessary conditions to fulfil the criteria of ”objective of general interest recognized by the union” and 2) make an analysis regarding what weight ecj might ascribe different interests in the proportionality assessment.

What I have right now as study material is The EU charter of fundamental rights : a commentary(2021) by Steve Peers; Tamara Hervey; Jeff Kenner; Angela Ward and casw law. Not really sure where to start. Im looking for (preferably authoritive) doctrine and articles on the subject of article 52 . Any advice on litterature would be welcome.

So you buy a good and you have 2 years of warranty. (article 17)

But in terms of proving deficiency / burden of proof of what caused the deficiency, we have article 5, which states:

"Unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity"

Does that mean that if within the first 6 months there is a flaw the seller needs to prove that I caused the flaw? The reason I am asking is that at one point I wanted to raise a warranty case because of shoes I owned for 15 months and the seller told me that they are obligated to prove that I mishandled the shoes only until the 12th month of ownership. But I cant find this substantiated within the law.

Anwser: Directive 2019/771 Article 45

Where to find statistics for the conviction rates for the EU countries?

Hi,

I have a question about medical records in France. I had an episode which resulted me being admitted to a mental institution in France for 3 months about a year ago. I have a strong feeling that prospective employers have access to this information. I am not seeing any luck with job hunting in France in IT . I went all rounds of interviews, technical round, manager/ceo round, I was given verbal offer and even a start date and the last second the company pulled off the offer. It happened 3 times with 3 different companies throughout the year. It's possible that my precious employer leaked the info, as I had to provide them proofs for sick leave. How likely is it a scenario that prospective employers have this information? I am able to get job in other countries, but not in France. It's kind of disappointing because I love the country

I am Portuguese and I did my LLB in law in Portugal.

I don’t want to necessarily stay and exercise law back home.

Should I take the bar exam in my own country? Would it be valued in other EU countries?

Or should I look into doing the bar somewhere else? I don’t even know if it’s an option, since I am only proficient in English…

I am happy to see the attempts to stop these attempts, but I do think it is too few too late(*). Platforms are not incentivized to do real moderation, and the most dangerous content - lies - is not even handled, probably due to the US interpretation of free speech. But as lies do restrict the freedom of others, and the European reason for free speech is access to information, I believe that lies cannot be protected speech and I hope my fellow European citizens share this sentiment.

The mechanism I am thinking about is the following:

• any post can be marked by anyone (with an appropriate contract with the provider which only about making the legal framework for the process) as disputed, with an identification of the disputed claims. In case of posts referring to sources and not making claims about its validity, the referenced information counts as part of the post.
• the poster (with a similar contract) can stand up for the claims, and the post is marked to note that the poster had stood up for the claims. So far no real moderation needing humans from the provider is done.
• now anyone (with a contract) can request moderator decision, paying a small fee. The burden of proof is on the one asking for decision. If the post is deemed to be factual, the post is marked as verified. If not, then the poster reimburses the fee towards the requester, and pays some money (ten times what an ad would cost) towards the provider.
• if any of the parties are not content with the decision, they can move the dispute to a civil court based on the contracts they made earlier.

I believe this framework can be adopted by any social media provider voluntarily without any change in law.

I would however would like to see an EU law mandating it to all providers, and the possibility to do similar things against lies in other forms of media. (Especially the party-state propaganda outlets of my country, Hungary.)

*: it is a very underappreciated fact that lies in social media are major weapons in the current war which is conducted in the information space (and physically by proxy in Ukraine) between the western world and Russia. And that we have already lost major battles (election of Orbán, Trump, Brexit, afd) because we let Russian interests to manipulate voters through social media.

Hey everyone!

I’m Moritz, a master’s student at Universität Duisburg-Essen, and I’m currently researching how AI is being used (or not) in the legal profession. To get some real-world insights, I’ve put together a survey, and I’d love to hear from you if you're a lawyer!
The survey looks at how legal professionals feel about AI, how it's being used in practice, and the potential benefits or concerns around it. It’s completely anonymous and should take about 15 minutes to complete.

If you’d like to receive the findings from the study, you can leave your email at the end of the survey (totally optional). I will also post the findings here when they are in.

You can find the survey here

Thanks a lot for your time! Your input will help shed light on how AI is shaping the future of law. Let me know if you have any questions!

Cheers,
Moritz

I currently reside in Romania and have Romanian citizenship. However, due to religious reasons, I’m strongly anti war and would do anything to not serve. Next year I’m forced to join the Turkish army, refusal to do so would lead to my arrest. Could I appeal to the European court of human rights?

Trying my luck here as it's hard to get straight answers from our local consulate (Sydney, Australia), if they answer at all :)

I have Italian citizenship and my wife is German. We were married in Denmark in 2012, and now live in Australia.

I am trying to belatedly register our marriage with the Italian government, but the Italian consulate is saying I need an Apostille/legalisation for our marriage certificate.

Our marriage certificate was issued in Denmark by a local authority (Tønder).

I understand this would be a requirement for a non-EU issued document, but I'm having a hard time squaring their demands with EU Regulation 2016/1191, which expressly exempts marriage certificates, among others, from any form of legalisation requirement between EU Member States.

https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/civil-justice/family-law/public-documents_en

Who is right?

I have written a proposal to amend EU law to address the issue of people with lost or stolen IDs being unable to access hotels and financial services (i.e. Western Union does not allow using a passWORD instead of a passport to receive money so people who lost their documents can't use WU to receive money to pay their bills for a new identity document and food/hotel while they wait for the new document to be issued).

Is there any similar European legislation already proposed or in place to address these issues?

In Bulgaria, obtaining a new identity document requires advance payment for the service. This means that people with stolen wallets cannot get a new document without either borrowing money from a friend (who will not require an identity document) or finding another solution (i.e. stealing money), as fast loan companies face severe penalties if they provide credit to individuals without a valid ID card.

Additionally, if a person’s registered address is in a different region of Bulgaria, they cannot obtain an identity document from the local identity document office in another region.

Is there an existing or proposed EU regulation that prohibits this unfair treatment of citizens?

My fellow redditors,

I'm a legal academic, focusing on EU Law and of digital technologies (AI, Data Protection, Platform governance...). I have been looking for online communities dealing with similar legal questions. So far I encountered nothing. I keep up to date with blogs (such as europeanlawblog), but haven't found specialized communities in these topics. Any help is welcome here.

Hi!

I wanted to start off by asking for forgiveness for my English, as it isn’t my mother tongue.

I’m an Italian citizen planning to travel to the Czech Republic to buy the drug “Piracetam AL 1200,” which contains the active ingredient Piracetam.

The reason behind the need to travel to the Czech Republic to purchase the drug is due to different regulations regarding the drug. In Italy, the drug is sold exclusively with a prescription by a specialist doctor, instead in the Czech Republic, drugs that contain the active ingredient Piracetam are sold OTC, thus circumventing the need for a prescription.

I was wondering if I risk any legal repercussions for taking with me a drug that can be legally bought without a prescription in an EU country, into another EU country (in this case Italy) that requires a prescription for such drugs.

Thanks in advance for your time and answers, and sorry if this isn’t the right sub for my inquiry :-)

As I understand it, the European Accessibility Act (EAA) must be implemented by all member states by June 28, 2025. In short, this means that ALL companies (with the exception of microenterprises) need to work on their websites and apps NOW to avoid potential legal issues. But what are the specific (technical/functional) requirements?

I've come across EN 301 549, which builds on the Web Content Accessibility Guidelines (WCAG 2.1), but I can't find a direct reference to EN 301 549 in the EAA. Can anyone point me in the right direction for understanding what has to be done?

* https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32019L0882

* https://www.europarl.europa.eu/RegData/etudes/BRIE/2017/603973/EPRS_BRI(2017)603973_EN.pdf

* https://www.etsi.org/deliver/etsi_en/301500_301599/301549/03.02.01_60/en_301549v030201p.pdf

I got accepted from charles university in Prague but there is a slight problem

Im from turkey and i got accepted by charles university, a university located in Prague and we even paid the tuition for the first semester. I had my visa interview today and it went good. We then talked with my translator (who was with me throughout the interview) after the interview. She said that my reasons as to why i would like to study at Charles were pretty good. But here is the problem.

I got accepted into UCT Prague's chemical engineering course the previous year but i failed to pass the first semester because i couldnt get enough credits. At march i returned back to turkey and in june we went on a vacation to central europe, including prague. I had a student visa and we asked the consulate if it would be okay to go to prague after my study ended with a student visa and they said that it was valid. The travel agency didnt say anything too. Our translator said to us that it could be a problem that i went on a vacation to Prague with my student visa. We then phoned the guide of our tour and asked if that would create any problems which he said no.

My question is, can my visa application get rejected on the basis that in june i went to prague with my student visa after my study ended? Would this result in my visa application now to get rejected even tough i got accepted from my university?

AG Capeta's Opinion on C-607/21 (XXX v. Belgium) was delivered today and thankfully the AG brought immense clarity on the concept of dependency specifically where relatives in the ascending line of a mobile EU citizen or their spouse has a derived right of residence in the host Member State.

For those interested, here's the link to the Opinion on CJEU's website in English - https://curia.europa.eu/juris/document/document.jsf?text=&docid=290221&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=4500313

1. Would anyone happen to know what the timeline is between an 'Opinion' being issued and 'Judgement' being released? Is this going to take weeks or months?

2. Has anyone else been monitoring this Case closely to see how the outcome on this case will affect their own relatives' derived rights of residence in a host Member State especially after being rejected at the time of application?

3. Is one already able to refer to AG Capeta's Opinion on this case as the basis for a legal argument with another ongoing case at ECHR for example?

Any thoughts, suggestions or feedback welcome :)

My wife is a dual Italian/US citizen with passports for both countries and I am a non EU, US citizen with a US passport. We are currently not EU residents as we reside in the US. When we are retired US pensioners, we would like to travel slowly through Europe (1-2 months in each EU country not exciding 90 days in each country) for a couple of years. We would do this so we can start searching for if and where we would like to permanently move and become EU residents. During that slow travel time, we will be traveling as US residents, however, my wife will be using her italian passport on entry. Can I be exempt from the Schengen Zone rules if I am traveling with her per the Freedom of Movement law? In other words, if me, non-EU family member (husband) travels with her, an EU citizen and US resident, do the Schengen stay limits apply, 90 days out of 180? Or do non-EU family members inherit the freedom of movement rights that pertain to their EU spouse? We researched our question on Europa.eu and the EU Border Agent Manual Section 2.2, but did not find a clear answer for our particular situation. The examples given did not indicate if the EU citizen was also an EU resident.

Hi, I recently bought a screen protector, for my phone, maybe 3 months ago. It’s broken for almost a month now. It dropped my phone on the floor, my phone was in a case I might add, from about chest hight Do my rights of repair and replacement apply since it’s below 2 years and even below 6 months?

I am currently pursuing the Una Europa bachelor program in European studies, where I would focus on law and criminology. Does anyone know the process that would come following this in order for me to get a law degree that I could use to practice in the European Union. I am Polish but studying abroad and want to settle down in Europe, preferably Scandinavia. If someone could tell me how they would approach this, even if the path does not concern the Una Europa program but instead does a conventional degree.

The European right of withdrawal for end consumers says: The EU Consumer Rights Directive gives consumers in all EU member states the right to withdraw from distance selling transactions. The EU Directive only applies to contracts between businesses and consumers (B2C) and gives consumers certain rights that are fully harmonized, unless otherwise provided for in the individual provisions of the Directive. This means that the individual member states can in principle provide neither stricter nor less strict regulations.

Here is the case: If i buy a Highwayticket in Slovenia and if I want to withdraw it directly although it's valid from the moment I bought it (but I haven't used it), does the Highway Company need to take it back according to European Law?

Hi, I need a little advice, please help.

For reference, I have dual nationality British and Irish (dual passports), I am self employed with a UK business address but am a resident in the Netherlands.

I have a valid UK driver's license for my car I keep in the UK for work, but recently I was randomly pulled over driving a rental in NL. They scanned my UK license and found it was no longer valid in NL as my residency status was in NL and the 185 days of vanity had passed.

I was issued a €420 fine + a 5 year criminal record for "driving without a valid license". If I drive again in NL I would get 14 days in prison.

To swap my license to a Dutch one, I need to sell the UK car as I can't insure it on a foreign (EU) license.

I am going on holiday to another EU country in a couple of weeks and there is not enough time to sell the car and swap my license before going but I'm supposed to be driving a rental car there.

If I drive on holiday with my UK license and happen to get stopped, is my license invalid there as well despite being on vacation and the license being valid to the UK business address? As in will they know the previous record/residency is different to the registered license address.

Recently, I collaborated with someone in Europe to do a project together in crypto currency. I’m in the US.

When the project ended, I decided to purchase the entire project. Other party was paid in full and he was going to send me a digital wallet. Then the package showed up empty.  He claimed it was stolen in transit.  Carrier investigation refuted this. He refuses to pay and claims he’s not responsible for the lost package. There’s strong evidence that the other party just kept the money from the whole project.

What are your thoughts on this case? How should I proceed? I’m having trouble finding a lawyer to take this case in the state of WA. Do you have any referrals?