Monitoring References to the Court of Justice of the European Union
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6 case reports
An Italian criminal court may give the facts a different legal classification in its judgment without warning the accused. The new offence may have opened the way to an alternative procedure, but by then the deadline to ask for it has passed. The Corte suprema di cassazione asks whether the Directive on the right to information in criminal proceedings allows that.
A Sofia court sentencing a drug offender must deduct time spent on remand — but that remand was served in conditions significantly worse than the law allows. It asks whether Article 49 of the Charter requires harsher days to count for more, and whether any surplus can be banked against a future sentence.
Bulgarian prosecutors want voice samples from a suspect and propose to get them by compelling answers to harmless questions, on pain of a fine or criminal consequences. Sofia City Court asks whether the right not to incriminate oneself permits it — and the answer turns on a list in a recital.
By judgment of 13 September 2017 (ECLI:EU:C:2017:676) the Court held that Member States may not adopt emergency measures against authorised GMOs such as MON 810 maize unless it is evident that the products are likely to constitute a serious risk to health…
By judgment of 27 October 2016 (ECLI:EU:C:2016:813) the Court held that Articles 34 and 36 TFEU preclude national rules reserving parallel imports of veterinary medicinal products to authorised wholesalers, thereby excluding farmers who import for their…
By Grand Chamber judgment of 28 March 2017 (ECLI:EU:C:2017:236) the Court confirmed its jurisdiction to review the validity of CFSP restrictive measures by preliminary ruling — a constitutional first — and found nothing affecting the validity of the…