Case C-537/16, Garlsson Real Estate – ne bis in idem

Seemingly irrespective of whether Italy’s criminal courts convict or acquit someone of insider share dealing, Italy’s stock exchange regulator will also issue a fine using administrative law. Is this not contrary to the legal principle of ‘ne bis in idem’? More

Case C-594/16, Buccioni – Dear Central Bank, Documents please. Regards, Mr E. Swindled

It is a mystery why banks fail: banks are regulated by a state’s central bank. In this case, a saver lost a lot of money in the 2012 Italian banking crash. Initial research suggested the central bank might indeed have done something wrong. Consequently, the saver asked it for specific documents so that he could calculate his legal position and assert his rights. His request was refused. The legal question is: was the central bank legally right to refuse his request? If so, the state could swindle the saver out of his money and his legal rights. More

Case C-426/16, Liga van Moskeeën – ritual killing

Belgian Muslims ritually kill sheep and lambs for the Islamic Festival of Sacrifice. Ritual suggests that these animals be slaughtered without anaesthetic or first being stunned. This contradicts general Belgian and EU animal welfare law. However, Belgian law has an exception for a ritual killing. A ritual killing will be allowed if it happens in State-recognised slaughterhouses. The problem is that in Flanders these cannot cope with the demand. Consequently, temporary slaughterhouses are being used, and extra costs are being incurred by Flemish Muslims and mosques. Therefore, the legal question is whether this situation is compatible with legal obligations to protect freedom of religion. More

Case C-358/16, UBS – stopping a lawyer accessing innocence-establishing documents

The Grand Duchy of Luxembourg is home to a lucrative trade in investment banking and investment companies. Policing that market is Luxembourg’s financial regulator, the CSSF. It has stopped a lawyer from working as a company director. He is challenging the correctness of the regulator’s decision. As part of preparing his legal action, he wants to see certain documents held by the regulator. However, the regulator is refusing to disclose any documents. Furthermore, the regulator’s position is reinforced by a bank that has already been censured by the regulator in precisely the same matter. Therefore, the legal issue in this case is the degree to which the alleged confidentiality of the documents prevails over the individual lawyer’s EU Charter rights. More

Case C-73/16, Puškár – privacy requires removal from a tax office blacklist

If personal information is given to the tax office, then when can it be processed for other purposes without that person’s consent? For example, is consent required when data is made available to other state bodies such as those concerned with combating financial fraud? More