Questions tagged [european-union]

For questions related to legal systems of European countries and to legal harmonization in Europe, especially in the context of European Union law.

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1answer
36 views

Price fixing concern (UK competition law)

I run a sporting events website where freelance photographers that have been to the events are free to upload their shots for sale, and I take a commission of anything they sell. Every photographer ...
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Schengen Area: What was the legal rationale for countries extending Temporary Reintroduction of Border Control beyond Nov. 2017?

(This is not about the coronavirus pandemic, which I understand is a different issue, but about the six countries that had already been maintaining border controls since related to migration and ...
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53 views

Should I actively try to tell If I am being ticketed?

I lived in Finland for two months. During these two months, I have submitted a form, where I told finnish postal service that my Finnish address is the one where they should deliver my mail. A week ...
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1answer
75 views

Does Air France Cancellation policy violate EU 261/2004

Related to https://travel.stackexchange.com/questions/155243/air-france-cancellation-policy-seems-to-violate-eu261 but this question is explicitly about legality as compared to "how to approach ...
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1answer
69 views

Color-blind handicap discrimination and EU law?

Every year in the USA, nearly 700,000 car accidents are reported by police as stop sign violations, accounting for 2/3rds of crashes. Stop signs are mostly red and for the 4.5% of people that are ...
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57 views

Facebook vs GDPR - Is Facebook never deleting the Searches you do?

I frequently delete the Search History from my account's Activity Log. However, every time I start typing in Search, Facebook seems to remember perfectly searches I've done in the past. Suggestions ...
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2answers
2k views

Can an EU country close its border (rather than introduce temporary border control)?

Title III chapter II of the Schengen border control code describes the possibility of reintroducing temporary border controls, but I can't find what basis there is to remove the right to free movement ...
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3answers
236 views

What can we do with people still travel under corona pandemic?

What can we do with those people who still decided to travel (for skiing, example) and causing huge problems after they return, even though they know the fact that corona virus (or anything new in the ...
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1answer
49 views

Legal and Tech Experience

I am a Software Engineer with some experience(7 years). In the recent years, I keep hearing and reading in various articles that people with extensive legal AND tech experience are very valuable and ...
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16 views

Looking for recommendation for legislations in the tech sector

I am new to the law field. Currently I am a Software Engineer, who is interested in new legislation in the tech sector. I am primary interested in topics concerning the EU and US, as this are the ...
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have a LLC in Albania, but be an employee in another EU or US country

I'm a US citizen in Albania and I work remotely as a regular full-time employee for EU/US companies. In order to get a work permit here in Albania, I was told to open a LLC as a self-employed business ...
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1answer
97 views

What article implies that foreign non-EU citizens have to pay VAT for goods and services purchased online?

I'm a Russian citizen. I've noticed that literally all online EU shops and service providers (e.g. web hosting) add VAT to the price. I've spent some time looking for an article that implicitly states ...
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What's “sleight of hand” about the argument that excluding direct effect makes incompatible Directives' binding effects?

Why's argument 1 "sleight of hand"? Van Duyn involves how the UK "had not ‘implemented’ the directive into national law." So how's "international law" relevant? Schütze. European Union Law 2 ed. ...
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9 views

How does the textual argument that directives bind Member States addressed, support horizontal direct effect?

The author's trying to rebut the court's denial of horizontal effect for directives, but I don't grasp his boldened rhetorical question. The answer's yes. But so what? Schütze. European Union Law 2 ...
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1answer
75 views

Lack of action taken by landlord against a noisy neighbor

(First time posting on this SE, I hope it's not off-topic.) I have a friend who lives in the Netherlands, let's call her Allison. Both her and her neighbor (let's call him Bob) live in an apartment ...
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34 views

CanI use the figures in research papers or books for YouTube videos under fair use?

I am in Europe. Can I use the images of research papers or books to make an educational YouTube video under fair use? The videos will be monetized and I might have sponsors or receive money by Patreon....
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41 views

Does my own company also need to be EU-US Privacy Shield certified if we use AWS to store data of European customers?

We're based in United States. We understand that any sub-processor that we use should be EU-US Privacy Shield certified and GDPR compliant. So, we can use AWS and Google Cloud. Both of them are EU-US ...
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2answers
86 views

GDPR: What is the legal situation on documenting cases of “Right to be forgotten” claims?

I wasnt able to find an explanation inside the GDPR whether a data privacy officer (or similar responsible) is allowed or required to document cases where individuals claimed the right to be forgotten....
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39 views

Corporate responsibility when allowing biometric authentication

At our company, we are discussing allowing (but not forcing) the use of facial recognition to authenticate on employee laptops (Windows Hello). The laptops are owned by the company, but are for ...
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1answer
47 views

Pokémon Home and EU distance selling regulations

I accidentally signed up for Pokémon Home, a subscription service allowing Pokémon to be stored in the cloud, using an incorrect Nintendo account. This essentially renders the service useless to me at ...
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1answer
72 views

Threat to remove company from a crowdsourced website [closed]

I belong to a service very similar to Glassdoor (much more smaller) for a niche in Europe. In this case Portugal. So, the people can: Review companies Review interviews Add new companies After two ...
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1answer
94 views

When does a fan game fall under parody?

Apparently there was a case in 2013 where the fan game My Little Pony: Fighting is Magic got taken down by Hasbro. This makes me wonder, why did it not fall under fair use in terms of Parody? This ...
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82 views

Is copying an infringing derivative an infringement against the original work's author when copying the original would generally be legal?

Suppose someone creates an unauthorized music video to accompany a popular song, thus making an infringing derivative (assuming fair dealing or other exceptions don't apply in this case). This ...
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1answer
121 views

Why is a business allowed to refuse a customer?

The Dutch constitution says that everyone shall be treated the same when the circumstances are the same (my translation; original: gelijke behandeling in gelijke gevallen). In addition to that, there ...
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2answers
103 views

If I want to work in UK, do I need a Visa?

Now that Brexit happened, if someone from the EU wants to work in UK, do they need a Visa, Permit, or anything similar?
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4answers
19k views

Does GDPR include UK customers, or not anymore?

Now that Brexit happened, does GDPR include UK customers, or not anymore?
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1answer
125 views

Is UK still in the EEA?

Now that Brexit happened, is UK still in the EEA?
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1answer
49 views

Can I travel for holidays to UK with my National ID card (which has never been a problem), or now I need a passport? Even before 2021?

Now that Brexit happened, can someone from the EU travel for holidays to UK with their National ID card (which has never been a problem), or now they need a passport? Even before 2021?
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1answer
91 views

Blizzard's EULA for map editor claims that all content created in it is their sole property

Recently release Warcraft III Reforged's EULA includes this passage: Ownership Custom Games are and shall remain the sole and exclusive property of Blizzard. Without limiting the foregoing, you ...
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2answers
95 views

Can I return shoes that hurt one of my feet in Germany?

I just bought a reebook shoes and I wore it today but after walking about 30 minutes my left foot top side(bridge) is hurting me so much that I can not resist. I wrote an email to the seller but they ...
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2answers
157 views

Is it legal to film and record in public areas in Sweden?

The title says it all: Is it legal to film and record anything in public areas in Sweden (e.g. using a mobile phone)? Starting from roads/trees/object to people and especially the police (e.g. in a ...
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1answer
84 views

Does a process exist to legally drive a homemade car?

Let's say that I have a very old car, install scrapped, recicled, off-the-shelf and/or handcrafted components, and effectively create a brand new car, completely different fron the original one, both ...
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1answer
52 views

Cookie opt-in required on paid-for web-based software-as-a-service application?

Context: We provide a paid-for web-based software-as-a-service application. This application requires users to register an account, and agree to our terms & conditions and privacy policy to be ...
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2answers
131 views

Are skill game tournaments gambling?

We consider whether a skill-based online multiplayer game with some entry fees to a tournament and prizes for winner and sub-winners (consists of entry fees) is in US and EU law classified as a ...
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2answers
2k views

Contract issue (Austria/EU Law) backdating start date of work

I would appreciate some advice with respect to my situation. I was offered a job in Austria (I'm from the UK) back in the summer of 2019. The job was conditional on finishing my Masters Degree in the ...
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1answer
43 views

Is offering uncapped access to certain services but not others by ISPs legal under EU net neutrality laws?

Some ISPs in Europe offer data plans that are capped at certain amount of GB per month. But in this europa.eu page one can read that: The best effort internet is about the equal treatment of data ...
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5answers
14k views

Is asking users to waive GDPR compliance a legal way of escaping GDPR data handling requirements?

I have recently come across this part of an app from a well-known US company: Is this a legal way of handling some of the technical obstacles GDPR introduced? Is this a "flexible" interpretation of ...
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2answers
77 views

Is it illegal anywhere in Europe to modify one's own personal transport?

Let's say I have a car and I want to make some modifications myself without a professional. It can be just for fun or personal research/testing. I may just add a train horn, an auto-breaking system, a ...
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1answer
107 views

My wife does not eat since 4 days, and threats me by divorce. How to save our family with a baby? [closed]

We are in Germany. Both of us, and also our baby (2 months old) are the citizen of another (EU) country. Recently she became very crazy, and I don't know, what to do. She does not eat. The case is ...
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1answer
27 views

How is place of establishment determined under EU law for insurance purposes?

Under EU law, the country that gets to levy insurance premium tax upon a legal entity is the Member State in which the risk is situated. Art. 13(d)(ii) of the Solvency II Directive specifies how to ...
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2answers
231 views

Am I legally responsible for being a developer of a code, if my customer uses it illegally?

I am from an Europe country, I work online and get orders on freelancer websites. Few months ago, I had a customer hiring me to do some Bitcoin-related coding, I'm one of their developers for 6-7 ...
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1answer
84 views

What is the legal principle which requires Apple to pay the Irish State €13 billion?

In 2016, the EU ruled that the Irish State provided state aid to Apple, which was deemed to be illegal. As a result of this, Apple are required to back-pay €13 billion to the Irish exchequer. From a ...
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1answer
45 views

Is the invalidity of the Data Retention Directive completely retroactive and what are the implications w.r.t. the Charter of Fundamental Rights?

On 8 April 2014, the Court of Justice of the European Union (CJEU) declared the 2006/24/EC Data Retention Directive (DRD) invalid because it violated the rights guaranteed by Articles 7 & 8 of the ...
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56 views

My .eu domain name was stolen. What are my options?

I have a company in a small European country, with a short, simple, generic name, say Generic, pvt. ltd. For many years, I've had the domain generic.eu However, I forgot to change my owner email ...
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3answers
152 views

What to do if seller sends more than ordered?

I recently ordered one volume of sheet music online from a boutique publisher in The Netherlands that only accepts orders via email (I'm located in Sweden). My email clearly stated a single product ...
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1answer
86 views

Does the data protection european regulation (GDPR) apply to processing information obtained from business cards and conversations?

I work at a SME. When we meet someone (either a potential customer or a potential partner) at an exhibition, meeting, conference, etc., we usually save that person's contact information and topic of ...
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3answers
8k views

Not registering my US born child of 1 US parent as a US citizen

I, a US citizen, married my wife, from EU country (not Britain), in the US. We live in the US while my wife finishes school (2-3 years) on an F1 visa and then plan to move to back to the EU. My wife ...
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79 views

41/74 Van Duyn v Home Office – What legal basis for arguing that only those acts that are directly effective can be referred?

I don't grasp how "the third argument only begs the question"? On what legal basis can you argue that only those acts that are directly effective can be referred? Robert Schütze. European Union Law 2 ...
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89 views

How many choices are in para 47 of United Kingdom v. Council (Working Time) Case C-84/94?

Robert Schütze. European Union Law 2 ed. 2018. pp 261-263 scanned. The "quoted passage" in the green box springs from para 47. I'm addled as the first red sentence (in scan) says "two fundamental ...
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28 views

How was Töpfer identified because it “had applied for a licence prior to a Commission decision that retroactively empowered the refusal of licences”?

Nigel Foster. EU Law Directions 6 ed. 2018. p. 246. 9.1.5.3 Instances in which ‘individual’ has been recognised Where the identity of the natural or legal persons affected is fixed and ...

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