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Environment Law

Has the CJEU Shut the Door on Climate Change Litigation?

LEGAL BACKGROUNDIn recent years, numerous ecologists and environmental organisations have brought proceedings against national governments for their failure to reach the objectives contained in the 2015 Paris Agreement on combating climate change. That Agreement is unique for two reasons. First, it has been ratified by almost all countries in the world, representing over 95% of global greenhouse emissions. Secondly, it contains a specific climate target which our governments have promised to achieve. This consists in the maintenance of global temperatures to well below 2°C and preferably to not more than 1,5°C above pre-industrial levels from the date of the Agreement…
Mark Soler
23rd April 2021
Aviation

CJEU Confirms that Trade Union Strikes are not ‘Exceptional Circumstances’ for the Purposes of the Air Passenger Rights Regulation

​On the 23rd March 2021, the Court of Justice of the European Union (CJEU) rendered a Grand Chamber decision on a preliminary reference transmitted to it by a Swedish tribunal in a matter concerning air passenger rights (Airhelp Ltd v. Scandinavian Airline System SAS, c-28/20). The decision sets out the legal test according to which a strike by workers of an airline undertaking may be considered to be an 'extraordinary circumstance' for the purposes of the compensation provisions of Regulation (EC) 261/2004 (the Air Passenger Rights Regulation).THE FACTSA passenger, S., had booked an internal flight from Malmö to Stockholm which…
Mark Soler
21st April 2021
CompetitionLitigation & Dispute Resolution

The Uniformity of ‘Energy Labels’ under EU Law

 The Court of Justice of the European Union (CJEU) has recently delivered a judgment on a preliminary reference relating to the labelling of energy-consuming products, or 'energy labels'. In case c-632/16 the Commercial Court of Antwerp, in Belgium, was faced with the following problem.  The Facts :-Dyson, the applicant, is a Belgian company that markets vacuum cleaners that are not fitted with a dust bag. BSH, the respondent, is a Dutch company that markets conventional vacuum cleaners, under the trade marks Siemens and Bosch, that are fitted with a dust bag. According to Delegated Regulation No 665/2013 all market vacuum…
Mark Soler
3rd September 2018
CompetitionLitigation & Dispute Resolution

The Uniformity of ‘Energy Labels’ under EU Law

 The Court of Justice of the European Union (CJEU) has recently delivered a judgment on a preliminary reference relating to the labelling of energy-consuming products, or 'energy labels'. In case c-632/16 the Commercial Court of Antwerp, in Belgium, was faced with the following problem.  The Facts :-Dyson, the applicant, is a Belgian company that markets vacuum cleaners that are not fitted with a dust bag. BSH, the respondent, is a Dutch company that markets conventional vacuum cleaners, under the trade marks Siemens and Bosch, that are fitted with a dust bag. According to Delegated Regulation No 665/2013 all market vacuum…
Mark Soler
3rd September 2018