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09/11/2023 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Fair trial, public hearing - Art. 48 Presumption of innocence - Rights of defence
According to the Court Directive EU on the right to information in criminal proceedings precludes national case-law which enables a court or tribunal ruling on the substance in a criminal case to use a legal ...
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09/11/2023 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Freedoms - Art. 15 Freedom to provide services
According to the Court Member State may not subject a communication platform provider established in another Member State to general and abstract obligations Such a national approach is contrary to EU law which ensures the ...
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09/11/2023 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Freedoms - Art. 7 Domicile - Solidarity - Art. 38 Consumer protection
According to the Court Directive EEC on unfair terms in consumer contracts read in the light of Articles and of the Charter of Fundamental Rights of the European Union precludes national legislation under which the ...
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09/11/2023 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 47 Fair trial, public hearing - Independent and impartial tribunal
The Court affirmed that the competent authority of the executing Member State may refuse to recognise and enforce a judgment imposing a criminal sentence delivered by a court of another Member State where it has ...
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09/11/2023 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Solidarity - Art. 31 Paid leave
The Court affirmed that a worker may rely on the right to paid annual leave enshrined in Article of the Charter of Fundamental Rights of the European Union and and given concrete expression by Directive ...
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26/10/2023 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Freedoms - Art. 8 Personal data: fairly processing
According to the Court in the context of a doctor-patient relationship the right to obtain a copy of personal data undergoing processing means that the data subject must be given a faithful and intelligible reproduction ...
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19/10/2023 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Equality - Art. 21 Non discrimination
According to the Court national legislation which makes the payment of additional remuneration for part-time workers and comparable full-time workers uniformly contingent on the same number of working hours being exceeded in a given activity ...
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12/10/2023 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Solidarity - Art. 34 Social security
According to the Court where the receipt of benefits of a different kind or of other income entails the application of national rules against overlapping with regard to independent benefits Regulation EC No on the ...
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12/10/2023 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Solidarity - Art. 31 Paid leave
According to the Court Directive EC concerning certain aspects of the organisation of working time precludes national case-law by virtue of which a worker who was unlawfully dismissed and then reinstated in his or her ...
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12/10/2023 -
European Authorities: Euopean Union' Court of Justice
Classificazione: Justice - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence
According to the Court when assessing whether the principle ne bis in idem has been complied with it is necessary to take into consideration not only the facts cited in the enacting terms of the ...