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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55 views

Does paid parking require official signs?

I recently got ticketed for parking in a parking spot that is, supposedly, paid parking. The only official sign on the premises is the generic "P" sign that, unless I'm mistaken, means I can park ...
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37 views

Copyright notice year date after small revision?

We produce a Swedish boardgame in Sweden for the Swedish market, which includes a 4 page leaflet describing the game rules. This was originally published in 2008. We are now producing a new batch, and ...
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1answer
17 views

How can tax residency be proven within the EU?

I am aware of tax residency 183 days rule which in theory obliges you to pay taxes to a country where you reside 183 days or more. The thing that I do not get is how can this be applied to EU ...
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17 views

Purview of and relations between notes on 2006/42/EC

Within European industry, every machine manufacturer has to comply with Directive 2006/42/EC, otherwise known as the Machine Directive (MD). Before the articles of this directive start, there are a ...
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1answer
52 views

ISO 12100 no longer a normative reference in Machine Directive

Introduction Within European industry, every machine manufacturer has to comply with Directive 2006/42/EC, otherwise known as the Machine Directive (MD). The MD is implemented by CENELEC's EN 60204 ...
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127 views

Free potable water law in UK and EU

In Britain, all licensed premises are required by law to provide "free potable water" to their customers upon request. What legislation covers this? Is this the case in other European countries? I ...
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105 views

Deleting incriminatory emails

A public European school has an IT department with a person responsible for all mail related tasks, including the mail server. Once that responsible sent an incriminatory email to a specific group of ...
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50 views

Is EU treaty law supreme over domestic legislation?

European Union law is supreme over domestic legislation. So European Union regulations and directives take precedence over domestic legislation. But does this also mean the law contained within EU ...
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22 views

Copying job ads from top brands

Is it illegal to copying job posting from top brand's websites ie: Facebook, Google, Amazon, TCS, Tesla, SpaceX etc? Such brands always post open job position: Is it illegal to spider/crawl or ...
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1answer
45 views

GDPR on Proxy Users

I believe I have a good overall understanding about the GDPR legislation, in terms of what needs to be protected, etc... My questions here are about the scope of GDPR. Does GDPR apply to people who: ...
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41 views

Question Regarding GDPR

I have a question regarding The General Data Protection Regulation 2016/679 in European law and I'm not even sure this is the right place to ask, but I'll ask anyway as I'm stuck on where to find this ...
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1answer
26 views

Identity verification prior granting access to personal data [GDPR]

When receiving by E-Mail a Subject Access Request (SAR), which steps must be taken to ensure that the person requesting the SAR is the effective owner of the personal data?
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176 views

Is price discrimination based on age legal in the EU?

Article 21(1) of the EU Charter of Fundamental Rights states that: Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion ...
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96 views

Under GDPR EU law, can I sue big tech companies (Facebook, Google, Apple) for acquiring and storing my personal data without my consent?

Many of my friends have social media accounts (Instagram, Facebook, etc.) where they regularly post photos of them and where occasionally I appear in them. Many of my friends have their personal ...
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69 views

Are insurers in EU member states required to issue vehicle insurance?

I am trying to find out if the owner of a vehicle does not only have the obligation but also the right to vehicle insurance and if such a right is implied or guaranteed by EU directives. DIRECTIVE ...
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11 views

How to understand submission deadlines and reporting regulations of the European Securitisation Regulation?

I am currently reading through the Reporting Instructions for securitisations which states for non-ABCP securitisations on page 7: Information on the underlying exposures for non-ABCP ...
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22 views

How will Brexit affect ongoing court claims and existing judgements within the EU courts?

I am wondering how ongoing court cases and existing (i.e. pre-decided) unsettled judgements will be treated after Brexit? Moreover, I would like to know how judgements decided after Brexit for court ...
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1answer
50 views

What happens to ongoing EU small claims (under 5000 euros) court cases after brexit?

I plan to take my ex landlord to court, who has now given me an Austrian contact address. I have not started the proceedings yet, so I imagine that the case might not finish until after 31st October. ...
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24 views

Permanent non stop employment whilst wife has Stamp 4?

Ever since my wife got her Stamp 4 in Ireland, enabling her to reside and work here, i have been in employment, but say i finish a job in the coming months or years, do i need to be in employent ...
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1answer
183 views

Can you avoid extra taxes by making your children the owners of your new business?

My father wants my brother and I to be the owners of his new business in my home city. The reason behind this is to avoid paying extra taxes, as my father already has many businesses in his name and ...
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2answers
42 views

Taxes and freelancing in Germany

This question is a follow up and more precise version of Tax law and freelancing as a side-job in Germany. As explained in the linked question, working as a freelancer in Germany could turn out to be ...
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Scenario in which a person sues an other living in an another European country

I asked a question about a specific scenario a few days ago, but given that the question has been deemed somehow discriminatory against a gender, suspicious (I honestly don't know why!?!?!), I'm going ...
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1answer
55 views

What are the reasons for the European Court of Justice to declare a legal act of the EU invalid?

The Article 267 of the Treaty on the Functioning of the European Union (TFEU) provides: The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning: (...
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26 views

What is the legal age for drinking alcohol in Germany? [duplicate]

I heard that in Germany you can buy low alcoholic drinks from 16 years old, and from 18 years old you can buy strong alcoholic drinks. What about drinking? If I buy for 14 year old alcohol. Will this ...
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23 views

Legally act on the behalf of someone else, within a web application?

I've the following scenario. There is a computer system (web application), which let users log data of their work. This data is processed into bills and metrics. Now a new function should be added, ...
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42 views

Hiring freelancers in Germany

This question is the counterpart to Tax law and freelancing as a side-job in Germany. What are the laws concerning hiring a freelancer for a short project (for example an international freelancer ...
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3answers
61 views

Does GDPR apply to personal information entered in a password-field?

If someone enters personal data in a field which purpose is not to handle personal data, does GDPR apply? For example if someone enters their email, phone number or name in a password-field? If so, ...
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1answer
110 views

Can the EU legally mandate the sterilization of a member country? [closed]

To give context so that my question may be better understood and not just disregarded as trolling, I have just read "Germany must Perish!" by author Theodore N. Kaufman. It's a very well-written book, ...
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1answer
54 views

Hiring a UK resident and citizen to work remotely in a Finnish company (pre and post brexit)

Company A: a software development startup. Incorporated in Finland. Person B: An UK resident and citizen A is looking to employ B to work entirely remotely. Because of reasons, it is not possible ...
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2answers
36 views

Can an EU citizen spouse look for work before Stamp 4?

Say the non EU spouse of an EU citizen is due to get their Stamp 4/Card in a couple of weeks, enabling them to work in an EU country. While they are waiting for the date to get the stamp, can they go ...
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2answers
108 views

Close family member got me intro trouble in my home country, unsure how to proceed [closed]

I have immigrated from European countryA to European countryB several years ago. Before I left I was operating a small business with a close family member, they were taking care of the accounting/tax ...
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45 views

Replace User ID with pseudonym, still need consent?

I use a service called Matomo (as opposed to Google Analytics) so that I can own the data collected, and I thought they were better in regards of user privacy. My goal is to avoid collecting any ...
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1answer
125 views

When is a permission required to attack a system?

Never attack something you don't have a permission for! This is one of the golden rules of penetration testing, yet it's surprisingly unclear. What exactly counts as an attack, and when do I need ...
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1answer
45 views

Why couldn't potential grounds of justification be expanded within Art 36 TFEU?

Robert Schütze. European Union Law 2 ed. 2018. p. 534. All emboldenings are mine. Why would the Court be strict on the express policy grounds mentioned in Article 36 and yet allow for implied – ...
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1answer
31 views

How to parse “be an obligation or be prohibited”, in para 76 in Case C-355/10 Parliament v. Council (Schengen Borders Code)?

Robert Schütze. European Union Law 2 ed. 2018. p. 324. All 76[.] [...] Depending on the political choices on the basis of which those rules are adopted, the powers of the border guards may ...
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36 views

Meaning ⁠— “Advocates-General increasingly behave as if they were exclusive functionaries of the case law”

Robert Schütze. European Union Law 2 ed. 2018. p. 206. All emboldenings are mine. Transcribing everything takes too long, thus I'll transcribe just the gag line. See my red arrow. 108 It is ...
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1answer
49 views

How does the double extension of the doctrine of vertical direct effect discriminatorily limit the no-horizontal-direct-effect rule?

Robert Schütze. European Union Law 2 ed. 2018. p. 101. All emboldenings are mine. Transcribing everything takes too long, thus I'll transcrible just the gag line. See my red arrow.     &...
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2answers
48 views

GDPR - Service storing other people's clients' emails

I am working on a service that allows people to import data regarding their sales within a particular platform. This data is imported in an excel format (CSV) and contains all sales informations for a ...
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1answer
69 views

Confidentiality clause in a contract (Netherlands/EU)

I have a contract signed at Oct 2016 and valid for one year. It has the following lines: OBJECTIVE OF THE AGREEMENT This contract is valid for one year. Also, it has confidentiality clause: ...
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1answer
115 views

Copa Airlines overbooking - delay compensation

Short story: we went to Peru on vacation with my wife (2 persons) we bought our tickets at AirFrance outbound flights (Budapest-Paris-Lima) operated by AirFrance were ok return flights were messed up ...
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1answer
95 views

Is there a limit to the liability an airline can impose on a passenger because of their behaviour?

There is a story in the news today about a woman being charged £85,000 after she caused a flight to be diverted due to her behaviour. I believe this is section 23.3 in Jet2's Conditions of Carriage. ...
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2answers
80 views

Subsidies for low paid / free workers in some EU countries

I have heard that that in some EU countries such as Ireland, an employer can receive a €10,000 per year subsidy for simply employing a person who has been unemployed for a certain length of time. ...
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1answer
73 views

Does the EU Blue Card allow to deliberately have 3 months of unemployment between jobs?

I'm from non-EU country and I'm getting a new permanent job in the Germany right now. The contract has the next paragraph: § 18 Post-Contractual Non-Competition/Contractual Penalty (1) For a ...
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1answer
52 views

Legal sending personal information to a third party if the user supplied incorrect contact information?

To clarify the title, here is an example: Alice wants to sign up to online store Nile.com Alice enters the email bob@mailprovider.com by accident Nile.com does not send a verification that Alice has ...
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37 views

Was nationalisation of energy companies a breach of EU law?

Flaminio Costa v ENEL (1964) Case 6/64 was a landmark decision of the European Court of Justice which established the primacy of European Union law (then Community law) over the laws of its member ...
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1answer
80 views

Is it legal to compel users to share data in order to access more features, when the features being accessed do not require the data being requested?

Apologies in advance if this is not the correct exchange for this question. I am a developer working for a company that owns a healthcare application. They operate exclusively in the EU. As part of ...
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1answer
73 views

Store browser width / screen size and browser type without user consent?

I have a question about GDPR compliance for a web app. May I store users' browser window width / screen size (like 768px) and browser type (eg. Firefox) to be used for future responsive design ...
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2answers
71 views

Controller processor roles for a SAAS for schools

Assume the following situation: There is a cloud-software (SAAS) which is used by a school for basically three things: Edit: The SAAS was designed with children facilities in mind: Nurseries, ...
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2answers
136 views

“no logs” website in eu - is it illegal?

As title says, am I obligated as EU citizen / owner of website hosted in EU to log some data about users which would then make them identifiable? What if I do not collect any data about users of my ...
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2answers
85 views

Do I need permission to publish a FOI response in a blog post or open letter?

I recently submitted a FOI request to my local council, and had a response. Part of the response stated the following: You are free to use this information for your own use, including for non-...