Nordiska Institutet för Europarättsforskning (NIELS)

The Single Resolution Board (SRB) 🇪🇺 decided in 2022 that Nordea 🏦 must pay a certain amount of ex ante contribution to the Single Resolution Fund (SRF) 💶 But did the SRB do its calculations correctly? 🧮 According to the General Court (within the Court of Justice of the European Union) 🇪🇺⚖️ in a judgment delivered in extended composition this week, no, the SRB did not. The SRB's decision is thus annulled. For more, see the NIELS website. https://lnkd.in/dQMBWuX7 #EUlaw #CJEU #GeneralCourt #SRB #SRF

Charging points for electric vehicles (EVs) are now littered everywhere. But how are such economic matters to be taxed when there are several parties involved in different transactions? 🔌🔋🚗 What relationship do the following have with each other: the energy supplier (in Sweden 🇸🇪), the service intermediary (in Sweden 🇸🇪, or in another EU Member State 🇪🇺, in this case, Germany 🇩🇪), and the vehicle owner (in Sweden 🇸🇪) who just wants to charge their car? In a new judgment from the Court of Justice of the European Union ⚖️🇪🇺 in a case sent to it by The Supreme Administrative Court ⚖️🇸🇪 of Sweden, it has tried to clarify the tax (VAT) obligations for all parties involved in the EV charging process. https://lnkd.in/dc2NWeNw #EUlaw #CJEU #EUtaxlaw #EUVATlaw #Taxlaw #VATlaw

Don't cheat on your university exams 🎓 You could end up in the Supreme Court having to argue your case... ⚖️🇳🇴 The Supreme Court of Norway (Høyesterett) ⚖️🇳🇴 has ruled that whilst academic integrity is important, suspending a student for a whole academic year from all universities in the country is a disproprotionate act. A technical victory for the student, given their suspending was only changed from a full academic year, to just one semester. The student's case was considered by the university 🎓, a national administrative appeals board 📄, a district court ⚖️, a court of appeal ⚖️, and finally, the Supreme Court ⚖️🇳🇴 Read more on the NIELS website: https://lnkd.in/dqfKWM-3 #Universities #Universityexams #Cheating #Plagarism #Proportionality

Do enforcement actions taken by the five supervisory authorities in the Nordic states 🇩🇰🇫🇮🇮🇸🇳🇴🇸🇪 differ when it comes to EU/EEA secondary law in the financial sector? 🇩🇰 Finanstilsynet (Danish Financial Supervisory Authority) 🇫🇮 Finanssivalvonta - Finnish Financial Supervisory Authority 🇮🇸 Icelandic Financial Supervisory Authority (Fjármálaeftirlitið) 🇳🇴 Finanstilsynet (FSA Norway) (Financial Supervisory Authority of Norway) 🇸🇪 Finansinspektionen (Swedish Financial Supervisory Authority) Yes, quite a lot actually 📈 The European Securities and Markets Authority (ESMA) 🇪🇺🏦 has published its first 'Sanctions Report' for activity in the previous calendar year, and the results are quite striking. For more, see the NIELS website: https://lnkd.in/diY_7_3B #EUlaw #EUfinanciallaw #RegulatorySupervision #EUEnforcement #ESMA

Taxing times for collector car enthusiasts 🏎️💸 The Supreme Administrative Court of Finland 🇫🇮⚖️ has ruled that CEOs with access to collectible cars 🏎️ (owned by the company 🏢) must have benefit-in-kind tax levied on them on the mere 'availability' of these collective cars for their use, and not just their 'actual use'. This view differed from the underlying decision of the Turku Administrative Court (Tu­run hal­lin­to-oi­keus), who said the benefit-in-kind tax was only to be levied when the cars were used 🏎️ https://lnkd.in/dMSkq9ph #SupremeAdministrativeCourtofFinland #Korkeinhallintooikeus #Benefitinkind #Taxation #Taxlaw

The European Commission is taking action against Denmark 🇩🇰 for failing to transpose the Recognition of Professional Qualifications in Inland Navigation Directive (as amended) 🎓🛥️ This is not just a technicality; it’s a serious issue reflecting Denmark’s disregard for the Commission’s efforts to ensure compliance with EU law 🇪🇺 Despite receiving letters of formal notice, and reasoned opinions, Denmark is continuing to ignore the Commission. Consequently, the Commission has referred Denmark to the Court of Justice of the European Union 🇪🇺⚖️, seeking both a declaration of non-compliance and the imposition of a fine 💶 The fine can be 1) a lump sum penalty 💶 and/or 2) a recurring daily penalty until the Directive is transposed is brought to an end 💶 More on the NIELS website https://lnkd.in/d7pYmVVj #EUlaw #InfringementProceedings #InlandWaterways #DirectiveTransposition

A company in Finland 🇫🇮, Oy Lunapark Scandinavia Ltd, has registered the 'DRACULA' 🧛 trademark for use related to the sale of confectionery goods 🍬 For some time, it did not make use of its right to enforce the protection of its trademark. But now it is trying to. The legal question: can the period of inaction lead to a loss of rights over the trademark? The Supreme Court of Finland (Korkein oikeus) 🇫🇮⚖️ has made a reference for a preliminary ruling to the Court of Justice of the European Union 🇪🇺⚖️ for clarification on an interpretation of the Trademark Directive, given questions about the lawfulness of the national law vis-a-vis the Directive. For more, see the NIELS website: https://lnkd.in/dKkHw4Q9 #EUlaw #IPlaw #Trademark #SupremeCourtofFinland #Korkeinoikeus

How lenient is the EFTA Court 🇪🇺⚖️ in accepting cases from administrative bodies (i.e., not courts or tribunals)? Extremely lenient. Perhaps excessively so. But a new referral from The Norwegian Immigration Appeals Board (UNE) 🇳🇴 has offered the EFTA Court an opportunity to rectify this case-law, and bring it into line with the new jurisprudence of the Court of Justice of the European Union 🇪🇺⚖️ in the name of procedural homogeneity. For more, see the NIELS website: https://lnkd.in/gPHQH3MY #EUlaw #EEAlaw #EFTACourt

EU law in the Swedish district courts 🇪🇺⚖️🇸🇪 A municipality in Sweden wants to build a new sports stadium to be used to an Allsvenskan (top-tier) (IFK Värnamo) football team ⚽🏟️ But did Värnamo kommun (the muncipality) get an adequate Environmental Impact Assessment (EIA) before approving the planning to build the stadium, as required by the EIA Directive? ♻️🇪🇺 According to Växjö tingsrätt (Mark- och miljödomstolen) (Växjö District Court (Land and Environment Court) ⚖️🇸🇪, the clear answer was 'no'. The decision of the municipality is thus annulled. More on the NIELS website: https://lnkd.in/dnGjQvrs #EUlaw #EUEnvironmentalLaw #EnvironmentalImpactAssessments #EIA

The Court of Appeal of Iceland (Landsréttur) 🇮🇸⚖️ made a request for an advisory opinion to the EFTA Court 🇪🇺⚖️ The EFTA Court delivered its judgment (advisory opinion). The Court of Appeal's own judgment faithfully applied that judgment of the EFTA Court. But on appeal, the Supreme Court of Iceland (Hæstiréttur Íslands) 🇮🇸⚖️ has now overturned that judgment of the Court of Appeal 🇮🇸⚖️ What is going on with the Collective Redundancies Directive and its interpretation/application in Iceland? 🧑⚕️🏥 For more on this case, see the NIELS website: https://lnkd.in/d7Z_YGgM