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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65 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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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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47 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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172 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
39 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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2answers
42 views

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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21 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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25 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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41 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
60 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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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
46 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
35 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
107 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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42 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
122 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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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
47 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
46 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
112 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
94 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
78 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
67 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
50 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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36 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
76 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
70 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
65 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
134 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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77 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-...
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35 views

What rights am I going to Loose from my EU patent if it is registered by a consortium

Longer story short, recently I (and a couple of friends) won a technological contest in Portugal. To enter and win it, we had to submit a technical drawing and explanation of a possible invention/...
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1answer
65 views

Can liability for data disclosure be waived by T&Cs under GDPR?

I live in Ireland, an EU county subject to the GDPR. I see in a service T&Cs the line: "Despite our use of commercially reasonable efforts to protect your Personal Information from ...
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2answers
62 views

Small Claims Court UK - Small German Company owed less than E5000 EUR by UK company

Can the German company make a claim through the British Small Claims Court or do have to use the EU Small Claims Court system?
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3answers
149 views

Is a public IP address classified as “personal data” for a third party under EU law?

Situation: an individual in the EU has a web site available on Internet (= if you are on Internet, you can connect to that web site). The IP addresses of the connections to this web site are stored in ...
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1answer
142 views

What is the best way to proceed with a legal action against US company from abroad?

Some time ago I have signed a contract with Premiere (Premiere Event, Rise of the Phoenix Inc, NYS Corporation) with Michael D Palance as Director, US company which is looking for young talents ...
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2answers
72 views

Do user-generated content and votes count as personal data under the General Data Protection Regulation (GDPR)?

Do user-generated content and votes count as personal data under the General Data Protection Regulation (GDPR)? For example, on Stack Exchange, do the questions, answers, comments, messages and ...
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1answer
44 views

What measures can the EU take if there are irregularities in EU parliament elections in a member state?

There are reports of EU citizens denied their voting rights in the UK during the 2019 European Parliament election in the UK. I assume there are ways to report them in the UK. But what can the EU do ...
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1answer
98 views

Is it legal to read leaked classified documents (Wikileaks, ..)?

Is it legal for a random citizen to read classified documents that were publicly published by actors such as Wikileaks ? Or should a citizen, once he knows that the document is classified, legally ...
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20 views

Do the Courts of European Union publish the full transcripts of proceedings?

I am trying to apply natural language comprehension, formal semantics and deontic logic to the the law and for that I need full transcripts of the proceedings and court materials. Do the Courts of ...
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3answers
78 views

Are the irritating web site warnings about cookies an intentional consequence of European legislation?

It seems that in the last couple of years, it has become standard for web sites to have irritating pop-over notifications that their web site uses cookies “to enhance your user experience” or ...
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2answers
113 views

What protections does Europe provide for US patents (that China doesn't)?

According to a NYtimes article yesterday Xi Jinping had promised that China would protect intellectual property, then he reneged before the trade talks faltered. I am trying to understand the context ...
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1answer
44 views

Can I sign multiple job contracts with different German companies?

I'm from a non-EU country, I have received some Job contracts from Germany. Is it possible to sign them all, so in any case, I will not be without a contract if I lose one? What is the legality ...
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1answer
68 views

How to make data brokers delete my information without providing more information? Can I take legal action?

I've been reading this terrifying list of data brokers after finding my information in a Google search result. I want to reach out to the "high-priority" data brokers and get them to remove me from ...
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1answer
51 views

What is “a place where Member State law applies by virtue of public international law”?

Art. 3 (3) GDPR mentions that: This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where Member State law applies by virtue of ...
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1answer
83 views

UK: Returning damaged items without option for free replacement?

I live outside of the UK, not a UK citizen or resident (I am also not a resident of the European Union), but I bought several items in the online store of a large UK department store chain. The ...