Commission's decision on tax lease partially annulled
On February 2, 2023 the Court of Justice of the European Union (CJEU) partially annulled Commission Decision of 17 July 2013 which declared that the Spanish tax lease system was a state aid scheme and ordered it to be recovered from the investors only.Member States must assess the environmental impact of urban development projects on places of historical, cultural or archaeological significance, according to the Advocate General of the CJEU
The Opinion of the Advocate General of the CJEU regarding an urban development project in the historical center of Vienna could create a new line of European case law that provides greater protection for historical, cultural or archaeological heritage.Court of Justice of the European Union rules on protection of employment contracts in pre-pack insolvency procedures
The European Court has issued a sentence of special relevance for the operation and effectiveness of the “pre-pack” insolvency procedures. Specifically, it clarifies the requirements that must be met to respect the rights of workers in the event of business transfers.Scania & Others/European Comission: the ‘Hybrid procedure and the rights of defense guarantee
What are the consequences of a settlement procedure where all the companies reach agreement with the authority conducting the investigation phase except one? Could the latter be harmed by not reaching an agreement? How does the principle of presumption of innocence apply given that the other participants in the infringement have already admitted to the facts? In this article, we identify the risks and disadvantages created by the so-called hybrid process and we will see that these can hardly be fully mitigated.