The Czech climate case: An unfortunate tale of questionable strategies and unanswered questions
Abstract On 5 November 2025, the Czech Constitutional Court rejected the complaint in the landmark climate case (Pl. US 6/25). This concluded a 4‐year strategic litigation process, which challenged governmental inaction on climate change. Brought by individuals, an NGO and a municipality, the action alleged that insufficient greenhouse gas (GHG ...
Jiří Vodička
wiley +1 more source
Abstract The EU's Critical Raw Materials Act (CRMA) aims to secure supply chains for the green and digital transitions through the designation of ‘strategic projects’ and accelerated permitting procedures. While it does not formally amend EU environmental legislation, it reshapes the conditions under which environmental assessment is applied in ...
Nicolò Andreotti
wiley +1 more source
Rights of Nature in the EU: A thought experiment to improve access to justice
Abstract Against the backdrop of the growing need for legal innovation in environmental protection, this article explores the interplay between Rights of Nature (RoN)—a legal theory asserting that the inherent moral value of nature must be protected legally by granting rights and legal personality to nature itself—and the EU constitutional right of ...
Emma Sanvito, Mariolina Eliantonio
wiley +1 more source
Article 11 TFEU and Environmental Rights [Elektronisk resurs]
This paper explores whether Article 11 TFEU, requiring that ‘[e]nvironmental protection requirements must be integrated into the definition and implementation of the Union’s policies and activities, in particular with a view to promoting sustainable ...
Nowag, Julian,, Lund University.
core
Miten SEUT 102 artiklaa määräävän markkina-aseman väärinkäytöstä tulkitaan digitaalisessa alustataloudessa? How Shall TFEU Article 102 on Abuse of Dominant Position be Interpreted in the Digital Platform Economy? [PDF]
In 2021, The European General Court issued its judgment in Case T-612/17 Google and Alphabet v Commission (Google Shopping). The case concerned whether Google had abused its dominant market position by favouring its own comparison shopping service on its
Tiitta, Ilmari
core
The Allocation of the Legal Burden of Proof in Article 101 TFEU Cases: A ‘Clear’ Rule with Not-So-Clear Implications [PDF]
This article evaluates the allocation of the legal burden of proof in cases concerning the application of Article 101 TFEU, as prescribed by Article 2 of Regulation 1/2003 which provides that the Commission is responsible for establishing that an ...
Kalintiri, A., Kalintiri, Andriani
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Legal Test for Finding of a Collective Dominant Position under Article 102 TFEU
If two undertakings agree to increase their prices, companies may infringe Article 101 of the TFEU which prohibits anti-competitive agreements and concerted practices.
Snäll, Silja
core
Effectiveness of Article 102 of the Treaty on the Functioning of the European Union (TFEU) in regulating digital markets [PDF]
The effectiveness of Article 102 of the Treaty on the Functioning of the European Union (TFEU) in regulating digital markets is at doubt. Research has shown that due to advancement of digital markets and its specific characteristics, the impact on ...
Zeltiņa, Jolanta
core
A Comparison of the Jurisprudence of the ECJ and EFTA Court on the Free Movement of Good in the EEA: Is There an Intolerable Separation of Article 34 of the TFUE and Article 11 of the EEA? [PDF]
Article 11 of the European Economic Area (“EEA”) and Article 34 of the Treaty on the Functioning of the European Union (“TFEU”) prohibit quantitative restrictions on the free movement of goods. The EEA is monitored by the European Free Trade Area Court (“
Tudor, Jarrod
core +1 more source
Article 216(1) TFEU and the Union’s shared external competence in the light of mixity
peer reviewedCase C-600/14, Germany v Council, (Amendment of the Convention concerning International Carriage by Rail –COTIF), Judgment of the Court (Grand Chamber), of 5 December 2017, EU:C:2017:935.
NEFRAMI, Eleftheria
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