Apr
23

Has the CJEU Shut the Door on Climate Change Litigation?

News_MLI
LEGAL BACKGROUND In 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...
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Apr
21

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

News_ria
​ On the 23 rd 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 FACTS A pa...
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Sep
03

The Uniformity of ‘Energy Labels’ under EU Law

News_MS
  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.  [1] [1] 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 ...
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