Assistant lawyer Natājlija Ķīse compiled the material.
Human Rights
ECtHR: no discrimination in Latvian pre-school language reform
Delivered: 18 July 2024
A unanimous ruling was reached by the European Court of Human Rights in the case of Djeri and Others v. Latvia, concluding that the European Convention on Human Rights’ Article 14 (prohibition of discrimination) and Article 2 of Protocol No. 1 (right to education) had not been violated. The 2018 Latvian education reform that decreased the use of Russian and raised the use of Latvian in preschools was the subject of this case.
Data Protection
EDPB adopts key measures on AI Act, EU-U.S. data privacy framework, and new data protection seal
Adopted: 17 July 2024
The European Data Protection Board states that Data Protection Authorities ought to be designated as Market Surveillance Authorities in several instances since they already possess experience and expertise in handling the effects of AI on fundamental rights, particularly the right to the protection of personal data. Better cooperation between various regulatory agencies would result from this, as would increased legal certainty for all parties involved and strengthened oversight and enforcement of the EU data protection law and the AI Act.
General Court dismisses TikTok’s challenge to EU gatekeeper designation
Delivered: 17 July 2024
In response to the European Commission’s designation of Bytedance Ltd as a gatekeeper under the Digital Markets Act, the company filed an appeal, but the General Court dismissed it. The classification was contested in September 2023 by Bytedance, the parent corporation of TikTok. The Commission’s decision was supported by the Court’s accelerated judgement, which was issued eight months after the case was filed.
Digital Services Act: Commission informs X of preliminary view concerning breaches of transparency requirements
Published: 12 July 2024
The Commission has notified X of its initial assessment that it violates the Digital Services Act in respect to advertising transparency, dark patterns, and researcher access to data. In the event that the preliminary opinions of the Commission prove to be accurate, the Commission would issue a non-compliance decision stating that X violates DSA Articles 25, 39, and 40(12). A decision of this kind can result in sanctions equivalent to 6% of the provider’s annual global revenue and mandate that the provider take action to remedy the breach.
Criminal Law
AG Pikamäe: EU law does not preclude legislation providing confiscation of illegally obtained assets not based on a conviction, subject to safeguards
Delivered: 11 July 2024
In Lireva Investments and Others (C-161/23), an appeal including an initial referral from the Latvijas Republikas Satversmes tiesa (Constitutional Court), Advocate General Pikamäe delivered his opinion. The case essentially concerns whether national legislation that allows for the confiscation of assets obtained illegally—assets that are not based on a conviction and are initiated in parallel with proceedings to establish the guilt of the alleged offender—is compatible with Directive 2014/42, Framework Decision 2005/212, and Articles 17, 47, and 48 of the Charter of Fundamental Rights.
Tax
Taxation and free movement of capital: AG Kokott delivers Opinion on internally vs. externally managed investment funds
Delivered: 11 July 2024
Advocate General Kokott delivered an Opinion in Case C-18/23, involving F S.A., a Luxembourg-based investment fund, and the Polish National Tax Information Office. The question of whether the free movement of capital under Article 63 of the Treaty on the Functioning of the European Union requires equal tax treatment for non-resident internally managed and resident externally managed investment funds is at the heart of the case, which was referred by the Regional Administrative Court in Gliwice, Poland.
Competition
Commission approves Apple’s commitments addressing competition concerns relating to Apple’s refusal to grant access to technology for contactless payments
Published: 11 July 2024
The European Commission has approved Apple’s altered commitments, which aim to alleviate the Commission’s concerns about unfair competition stemming from Apple’s rejection of competitors’ access to a standard technology known as “Near-Field-Communication (NFC)” or “tap and go,” which is used to make contactless payments with iPhones in stores.
ESG
Sustainable products to become norm for consumers as new law enters into force
Entered into force: 18 July 2024
The cornerstone of the Commission’s strategy for more ecologically friendly and circular products is the Ecodesign for Sustainable Products Regulation (ESPR), which entered into force. A number of policies, including the ESPR, are essential to accomplishing the goals set forth in the 2020 Circular Economy Action Plan. By tripling the rate of material utilisation circularity and meeting energy efficiency targets by 2030, it will aid the European Union in accomplishing its climate and environmental goals.
