Case C-683/16, Deutscher Naturschutzring – stop German fishing boats scraping the bottom

Even if Article 3(1)(d) TFEU gives the EU an exclusive competence over the common fisheries policy, then can a Member State still enact laws to stop boats from bottom-trawling by virtue of EU environmental law? More

Case C-413/15, Farrell (No.2) – identifying an emanation of the state

Individuals wishing to rely on an EU Directive may be thwarted if the body they want to sue is not an ’emanation of the state’. The classic explanation to the phrase ’emanation of the state’ is laid out in the CJEU’s judgment in Foster v. British Gas. The problem is that on closer inspection the CJEU’s reasoning turns out to be unclear. Stymied, the Irish Supreme Court has now decided to ask the CJEU if the component parts of the Foster test for establishing ‘an emanation of the state’ are to be read cumulatively or disjunctively. More

Case C-613/14, James Elliott Construction – EU standards and contract construction

If a standard has been adopted in the EU, then is legal liability to be determined by this question: ‘Did the product comply with the standard, as assessed by the approved tests, at the time of supply?’ More