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-682/15, Berlioz Investment Fund – tax information exchanges not fishing expeditions

When the French tax office writes to the Luxembourg tax office asking them to get the names and addresses of people who have received a dividend that was paid from a French daughter company to its parent company in Luxembourg, can the Luxembourg parent company refuse to provide that information to the Luxembourg tax office? More

Case C-126/16, Federatie Nederlandse Vakvereniging – worker rights, failing firms and pre-pack administration

Economic recession sends many companies to the wall. Insolvency can result in workers losing their jobs and creditors losing most of their money. One solution to the problem has been the development of a ‘pre-pack administration’. A court-appointed administrator will sell the failing business at or soon after his appointment. Oddly, the buyers will often be the firm’s existing owners or directors. The novelty with a pre-pack is that all of the preparatory work is done prior to the sale happening. In other words, the work is done before the formal notice of administration order has been made, and it is done even before the creditors have been told about the firm’s failure. Although this insolvency solution has its roots in English law, it has recently been transplanted and adopted by some of the courts in Holland. However, a Dutch court faced with a Dutch pre-pack administration has decided to ask the CJEU whether this Dutch judicial practice is in conformity with the EU’s ‘transfer of undertakings’ Directive 2001/23/EC? More

Case C-240/15, ISTAT – independence, regulatory capture and economic crisis

The communications sector in Italy is regulated by AGCOM. At the heart of this case is the issue of whether AGCOM can deliver impartial, independent and effective regulation when it is not only heavily dependent on the money it extracts from the companies it regulates but also at a time when the Italian State has imposed spending cuts on public bodies. The question in this case is whether AGCOM has found a legal way to escape the Italian State’s budget cuts by dint of AGCOM’s obligations under the EU’s ‘Authorisation’ Directive 2002/20/EC, and the EU’s ‘Framework’ communications networks Directive 2002/21/EC? More