Category Archives: Court of Justice of the EU

Judgment of the CJEU in the case of Gambino and Hyka

In Gambino and Hyka (29.7.2019) the CJEU, relying on Articles 47 and 48 of the Charter and, by virtue of Article 52(3) of the Charter, on the case-law of the ECHR on the right to a fair trial (Article 6 of the Convention), ruled that Articles 16 and 18 of Directive 2012/29/EU on the rights of victims of crime do not prevent the victim of a criminal offence from having to be heard a second time following a change in the composition of the bench, if one of the parties to the proceedings so wishes.

Judgment of the CJEU in the case of Funke Medien

In Funke Medien NRW GmbH v. Bundesrepublik Deutschland (29.7.2019) a Grand Chamber of the CJEU applied Directive 2001/29/EC (on the harmonisation of certain aspects of copyright and related rights in the information society) to a set of facts concerning the publication by a newspaper of certain documents “classified for restricted access” drawn up by the German Government and relating to the operation of the German army in Afghanistan. In examining the scope of the exceptions for the benefit of the press and the information of the public, provided for in Article 5 of the directive, the CJEU stated the need for a fair balance to be struck between the protection of intellectual property (Article 17(2) of the Charter) and the freedom of expression and information (Article 11 of the Charter). In this connection, the CJEU referred, by virtue of Article 52(3) of the Charter, to the case-law of the European Court of Human Rights according to which, in balancing copyright against freedom of expression, due consideration was to be given to the nature of the expression or information at stake and in particular to the question whether it concerned matters of public interest. Given that the CJEU leaves it to the national courts to strike this balance which, at the end of the day, can be challenged by way of an application to the Strasbourg Court against the final domestic judgment, reliance by the CJEU on the Strasbourg case-law would appear to also serve the interests of domestic judges.

Judgment of the CJEU in the case of Jawo v. Bundesrepublik Deutschland

In Jawo v. Bundesrepublik Deutschland (C-163/17, 19.3.2019) the CJEU inter alia further specifies the impact of Article 4 of the EU-Charter on the execution of the Dublin Regulation and draws on the M.S.S. v. Belgium and Greece judgment of the ECHR. It also describes the relationship between systemic deficiencies in the asylum procedure of a Member State and the requirement of an individual assessment of the situation of asylum seekers.