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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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
45 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
82 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
119 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
33 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 ...
2
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2answers
251 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
88 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
53 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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0answers
61 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
163 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
90 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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1answer
83 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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0answers
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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0answers
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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0answers
53 views

In 62/70 Bock v Commission (Chinese Mushrooms), whose “discretion to act was already waived”?

Nigel Foster. EU Law Directions 6 ed. 2018. p. 243. 9.1.5.1 Direct concern With ‘direct concern’, the general rule is that if a member state is granted discretion to act under the provision, ...
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1answer
44 views

How can you have a “quorum of 11” when the Grand Chamber requires 15 judges?

Nigel Foster. EU Law Directions 6 ed. 2018. p. 60 2.5.1 Composition and organisation The CoJ presently consists of 28 judges, one for each member state (as from 1 July 2013) and 11 Advocates-General (...
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2answers
95 views

Is anonymous analytics data subject to GDPR?

I am reading the definition of "personal data" here https://gdpr-info.eu/issues/personal-data/. My understanding is that GDPR comes into play when information is about personal data. Let's say there ...
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0answers
70 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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0answers
43 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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2answers
53 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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0answers
21 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
127 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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2answers
145 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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2answers
110 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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0answers
59 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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0answers
23 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 ...
0
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1answer
88 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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0answers
47 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
29 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?
4
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2answers
217 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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1answer
114 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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1answer
72 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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0answers
14 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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0answers
25 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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2answers
79 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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0answers
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 ...
0
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1answer
196 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
62 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
47 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 ...
3
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1answer
122 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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0answers
30 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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0answers
25 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, ...
2
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0answers
48 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
69 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
146 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, ...
3
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1answer
69 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
38 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 ...
1
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2answers
115 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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