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    By Foo Yun Chee BRUSSELS (Reuters) - Europe's highest court on Tuesday gave its backing to the European Union's net neutrality rules which require telecoms operators to treat all Internet traffic equally, dealing a blow to the telecoms industry which wants a less restrictive regime. Adopted in 2015, the rules, which have got strong backing from large tech companies and consumer groups, prevent telecoms operators from blocking or slowing down traffic, or offering paid fast lanes. Telecoms operators have been pushing for less stringent rules to allow them to increase revenues from specialised services such as connectivity for driverless cars and Internet-connected devices to offset declining turnover from their traditional telephony business. The Luxembourg-based Court of Justice of the European Union (CJEU) in its first ruling on the subject backed the principle of an open internet. "The requirements to protect internet users' rights and to treat traffic in a non-discriminatory...
    HARRY Maguire emerged yesterday for the first time since his brawl convictions — amid claims Greek police were seen “kicking” him. Documents unearthed by The Sun allege the England footballer, 27, was battered by officers, receiving bruises to his neck, arms and legs. ⚠️Click here for the latest news on Harry Maguire 11Harry Maguire has been spotted for the first time since his trial 11The Utd captain was convicted on Tuesday but this has since been quashed 11Maguire was pictured surrounded by minders Photos passed to the judge during Tuesday’s court hearing showed Harry “bearing the most serious injuries” out of his brother Joe, 28, and friend Chris Sharman, 29. Lawyers for the Man United skipper said he was “targeted” and had scratches from a “small sharp object” and bruising suggesting he was kicked or hit with a baton. Maguire’s pal Ashden Morley, 27, told the court on the...
    BRUSSELS (AP) — A Belgian court on Friday rejected Spain’s demand to have a former high-ranking politician from the region of Catalonia extradited, in yet another set back for the country’s efforts to try several officials in exile over their alleged roles in an independence referendum that Madrid branded as illegal. The Brussels prosecutor’s office said the court had decided not to enforce a European arrest warrant for former Catalan culture minister Lluis Puig on the grounds that “the Spanish authorities who issued the warrant are not competent to do so.” Puig has been living in exile in Belgium since he, former Catalan President Carles Puigdemont, and a number of their associates fled to Belgium in October 2017, fearing arrest over their alleged roles in the secessionist push and the holding of an independence referendum that the Spanish government had banned. The vote sparked a police crackdown and led to...
    BERLIN — A legal adviser to Europe’s top court issued an opinion Thursday that could make it easier for Germany to keep in prison a new suspect in the disappearance of Madeleine McCann, the British toddler who vanished from a Portuguese resort 13 years ago. In the non-binding opinion, Advocate General Michal Bobek said that the European Court of Justice should rule that German prosecutors were within their rights to try Christian Brueckner for a separate case — the 2005 rape of a 72-year-old American woman in Portugal, even though he had been extradited from Italy to be tried for yet another alleged crime. Brueckner’s attorneys are appealing the rape conviction, arguing that since he was extradited on a warrant related to drug trafficking he should not have been tried for the rape. Among other things, the German court said Italy had agreed for him to be tried for rape...
    BERLIN (AP) — A legal adviser to Europe’s top court issued an opinion Thursday that could make it easier for Germany to keep in prison a new suspect in the disappearance of Madeleine McCann, the British toddler who vanished from a Portuguese resort 13 years ago. In the non-binding opinion, Advocate General Michal Bobek said that the European Court of Justice should rule that German prosecutors were within their rights to try Christian Brueckner for a separate case — the 2005 rape of a 72-year-old American woman in Portugal, even though he had been extradited from Italy to be tried for yet another alleged crime. Brueckner’s attorneys are appealing the rape conviction, arguing that since he was extradited on a warrant related to drug trafficking he should not have been tried for the rape. Among other things, the German court said Italy had agreed for him to be...
    BRUSSELS (Reuters) - A European arrest warrant for a German man, whom German and British investigators suspect of murdering British toddler Madeleine McCann, issued for another case was illegal, an adviser to Europe's top court said on Thursday. The 43-year-old German was extradited to Germany from Italy under the warrant in 2018 and subsequently convicted and sentenced for the 2005 rape of a 72-year-old American woman in Portugal in December 2019. German authorities were required to get the consent of the Italian authorities to carry out their proceedings lawfully, Advocate General Michal Bobek at the Luxembourg-based Court of Justice of the European Union said in a non-binding opinion. (Reporting by Foo Yun Chee; additional reporting by Marine Strauss) Copyright 2020 Thomson Reuters.
    BRUSSELS (Reuters) - Facebook has secured a court order to temporarily stop EU antitrust regulators' information requests related to their investigations into the company's data and online marketplace, according to a General Court ruling. The European Union request "is suspended until the order terminating the present proceedings for interim relief is made," the Luxembourg-based court said in a judgment dated July 24. Facebook earlier took its grievance against the European Commission to Europe's second-highest court, saying that the European Commission was seeking information beyond what is necessary, including highly personal details. (Reporting by Foo Yun Chee, editing by Louise Heavens) Copyright 2020 Thomson Reuters.
    As Britain finally crawls towards its long-promised departure from the European Union, the timing is right to consider its place in the flawed European Court of Human Rights (ECtHR) — a body the ruling Conservative Party promised to take the country out of in its 2015 election manifesto. The European Centre for Law and Justice’s (ECLJ) 2020 report on the relationship between the powerful judges of the ECHR and the non-governmental organisations (NGO) they have been involved in highlighted these issues. Remarkably, 22 of the 100 judges who have sat since 2009 are former collaborators of seven NGOs active at the ECtHR and 18 of them have ruled on 88 cases involving their own former NGOs — direct conflicts of interest. Twelve judges are linked to the Open Society Foundations of George Soros, which also funds the other six organisations mentioned in this report. The case of Big Brother Watch v. the United Kingdom...
    MILAN (Reuters) - An Amsterdam court has suspended until Sept. 1 a planned merger of Italy's top commercial broadcaster Mediaset and its Spanish unit under a Dutch holding entity, three sources close to the matter said on Friday. Controlled by the family of former Italian Prime Minister Silvio Berlusconi, Mediaset wants to use the new entity to build alliances with peers in Europe. Vivendi, Mediaset's second largest shareholder, opposes the plan, fearing the changes would tighten Berlusconi's grip over the group. It is fighting the plan in courts across Europe. One of the sources said the court was expected to decide on the merits of the case on Sept. 1. (Reporting by Elvira Pollina, editing by James Mackenzie) Copyright 2020 Thomson Reuters.
    Vikings owners reportedly not “actively pursuing” Timberwolves, so who is? 21 Vogue Editors Share the Best White T-Shirts EU Regulators Take Tougher Data-Transfer Approach After Ruling (Bloomberg) -- European Union regulators are adopting a much tougher approach to trans-Atlantic data transfers to meet the demands of a landmark ruling last week that warned about potential American surveillance. © Photographer: Andrey Rudakov/Bloomberg Green light illuminates the cases of mining rigs operating inside a shipping container converted into a mobile cryptocurrency mining farm. Companies won’t have a grace period to comply with the decision by the EU’s top court that undercuts the current system, according to a six-page document prepared by regulators. In addition, firms must make assessments on how U.S. laws might curb privacy protections for European residents, EU data-protection watchdogs grappled with ramifications of the Court of Justice ruling striking down the so-called Privacy Shield during a nearly 9-hour...
    The European Court of Human Rights (ECtHR) has ruled that Hungary must recognise the gender of an Iranian refugee who fled the country over their transgender identity. The five-year-long case involved an Iranian national who claimed asylum in Hungary in 2015 who was born a woman but wished to be recognised as a man. They wished to have their name and gender changes on official documents, as their Iranian documents identified them as a female. Hungary refused, claiming that a Hungarian birth certificate was needed to make the changes, Bild reports. The ECtHR has ruled in favour of the Iranian transman, alleging that Hungary violated their rights and forcing Hungary to pay €6,500 (£5,900/$7,400) in damages as well as court costs. According to the newspaper, LGBT activists hope the ruling will impact recently passed legislation by the government of Hungarian prime minister Viktor Orbán that recognises only two biological genders...
    THE prime suspect in Madeleine McCann's disappearance exploited the EU's open borders to evade justice, judges were told. The claims came as Christian B's lawyer appeared at the European Court of Justice to argue he should be freed from jail on a technicality over his conviction for a rape in Portugal.  6Christian B has launched a legal bid to be freed from jail 6Madeleine McCann disappeared while on holiday with her family in PortugalCredit: Handout Friedrich Fulscher said it was "unconstitutional" his client had been tried for the sex attack in Praia da Luz on a 72-year-old woman as it breached international law. The rape happened in 2005 which was two years before the Brit youngster disappeared while holiday with her family in the resort. Speaking on Thursday, Fulscher said Christian B should not have been put on trial as the charge was not part of the arrest warrants issued...
    Ashley Gorski, ACLU Senior Staff AttorneyACLU At a time when U.S. GDP is expected to drop by levels not seen since the Great Depression, U.S. government surveillance practices are landing another blow to large and small businesses alike. On Thursday, in a ruling with enormous implications for U.S. companies, the E.U.'s highest court invalidated a data-transfer agreement between the European Union and the United States, known as "Privacy Shield." The demise of Privacy Shield is directly attributable to the breadth of U.S. government surveillance, which ensnares the data of countless Europeans in a spying apparatus that is fundamentally at odds with E.U. privacy law. For the more than 5,000 U.S. businesses across the country that rely on Privacy Shield for transatlantic data transfers, the E.U. court's ruling is a serious problem. But there's a straightforward way out of this dilemma: comprehensive U.S. surveillance reform. The case before the E.U....
    MADELEINE McCann prime suspect should be released because Germany bungled his extradition, his legal team argued today at the European Court of Justice. Christian B, 43, is currently in jail serving 21 months for drug offences and last month was eligible for parole after serving two thirds of his sentence. 5Christian B's legal team is arguing that Germany authorities bungled his extradition Credit: Bild 5Madeleine McCann went missing while on holiday with her family in 2007Credit: AP:Associated Press In December he was convicted of raping a 72 year old American woman in 2005 in her own home just a few minutes walk from where Maddie was taken two years later in Praia da Luz, Portugal. Today his lawyer Friedrich Fulscher argued that protocols in the use of the European Arrest Warrant were breached when Germany secured his extradition from Italy to Germany in 2018. Mr Fulscher argued on a technicality that...
    (Reuters) - Europe's top court on Thursday quashed a transatlantic data transfer deal for the second time because of U.S. surveillance concerns in a ruling that could disrupt thousands of companies that rely on the pact. The ruling effectively ends the privileged access companies in the United States had to personal data from Europe and puts the country on the same footing as other nations outside the 27-country bloc. Following are some responses to the ruling: Max Schrems, Austrian privacy activist: "One of the biggest takeaways is that we would need fundamental reform in U.S. surveillance laws if U.S. companies still want to have any kind of decent access to the European market." "For a lot of the companies it's going to be a fundamental shift because they basically have to separate U.S. data processing from EU data processing." U.S. Commerce Secretary Wilbur Ross: "While the Department of Commerce is...
    BRUSSELS (Reuters) - The European Union's top court fined on Thursday Romania and Ireland for delays and incomplete application of the bloc's rules against money laundering and terrorist financing, it said in a statement. Romania was ordered to pay to the European Commission a lump sum of 3 million euros, while Ireland was fined 2 million euros. "Both member states failed to transpose in full, within the period prescribed, the directive on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing," the court said, referring to anti-money laundering rules adopted by the EU in 2015. Those rules reinforced surveillance requirements for banks, lawyers and accountants and mandated more transparency on company owners. (Reporting by Francesco Guarascio @fraguarascio; Editing by Alison Williams) Copyright 2020 Thomson Reuters.
    A top European court ruled Thursday that companies moving personal user data from the EU to other jurisdictions will have to provide the same protections given inside the bloc. The ruling could impact how companies transfer European users' data to the United States and other countries, such as the U.K. The legal battle started back in 2013, when privacy activist Max Schrems lodged a complaint with the Irish Data Protection Commissioner. He argued that, in light of the Edward Snowden revelations, U.S. law did not offer sufficient protection against surveillance by public authorities. Schrems raised the complaint against the social network Facebook which, like many other firms, was transferring his and other user data to the States. It reached the European Court of Justice (ECJ), which in 2015 ruled that the then Safe Harbour Agreement, which allowed European users' data to be moved to the U.S., was not valid and did not...
    Victoria SongJust now•Filed to:corporate greedcorporate greedEUtaxestaxAppleeuropean unionSavePhoto: Drew Angerer (Getty Images) Apple is doing a victory dance today. The second-highest European Union court has overturned a decision that the Cupertino-based tech giant would have to pay $14.9 billion (€13 billion) in back taxes to Ireland. It’s a landmark win, and a huge blow to the European Commission’s attempts to crack down on multinational companies that cut unlawful tax deals in Europe. In a press release, the General Court of the European Union wrote it sided with Apple because “the Commission did not succeed in showing to the requisite legal standard” that the company’s sweetheart tax deal with Ireland gave it an unfair leg up.European Commission Launches Investigation Into the App Store and Apple PayThe future is streaming and payment plans, and it is also a maelstrom of antitrust disputes. This…Read more This particular case has been over a decade...
    Apple on Wednesday was handed a major victory by Europe’s second-highest court, which rejected a European Union order for the tech giant to pay $15 billion in back taxes. It is the culmination of a tax battle that has been raging since 2016, when the European Commission ruled that Apple had artificially reduced its tax burden when it received illegal benefits from the Irish government allowing it to slash its rate as low as 0.0005 percent in 2014. The EU’s General Court, however found that the EC “did not succeed” in proving that Apple had been given special treatment by the country. European Competition Commissioner Margrethe Vestager said she would study the court’s judgment and consider possible next steps. The Commission can appeal on points of law to the EU Court of Justice, Europe’s top court. Ireland — which had appealed against the Commission’s decision alongside Apple — said...
    Apple has gotten off the hook for a €13 billion ($14.9 billion) tax bill in Ireland after the tech giant won an appeal at a top European court. Ireland—which has one of the lowest corporate tax rates in the European Union—is Apple’s HQ for Europe, the Middle East, and Africa. Back in 2016, the European Commission—the executive branch of the EU—ruled that Apple should pay billions in back taxes to Ireland after the Irish government allegedly allowed Apple to attribute nearly all of its European earnings to an Irish office that only existed on paper. But, on Wednesday, the EU’s General Court said it had overturned that decision because the commission failed to prove that Apple had broken competition rules, BBC News reports. “This case was not about how much tax we pay, but where we are required to pay it,” Apple said following the ruling. “We’re proud to be...
    BRUSSELS (AP) — A European Union high court on Wednesday ruled in favor of technology giant Apple and Ireland in its dispute with the EU over 13 billion euros ($15 billion) in back taxes. The Luxembourg-based General Court said that the multinational does not need to pay the 13 billion euros that the EU Commission called for. The EU Commission had claimed that Apple had an illegal sweetheart tax deal with Irish authorities. The ruling from the EU’s second-highest court on the 2016 decision can only be appealed on points of law. The court said that ”the Commission did not succeed in showing to the requisite legal standard that there was an advantage.” It said in a statement that “the Commission was wrong to declare” that Apple “had been granted a selective economic advantage and, by extension, state aid.” The European Commission had ordered Apple to pay for gross underpayment...
    The Apple Inc. logo is displayed at the company's store in the Omotesando district of Tokyo, Japan, on Wednesday, June 3, 2020.Bloomberg A European court has annulled the European Commission's decision to request Apple pay 13 billion euros ($15 billion) in unpaid taxes to Ireland. The European Commission, the executive arm of the EU, concluded in August 2016 that the Irish government granted illegal tax benefits to Apple and ordered it to recover 13 billion euros. At the time, the Commission said that Ireland had enabled Apple to pay "substantially less tax than other businesses over many years," which meant that the U.S. firm was allowed to pay an effective corporate tax rate of 1% on its European profits in 2003, which fell to 0.005% in 2014. The Irish government and Apple decided to appeal the Commission's decision, with the latter arguing the order to repay taxes "defies reality and common...
    THE HAGUE, Netherlands (AP) — The Dutch government is taking Russia to the European Court of Human Rights for its alleged role in the shooting down of Malaysia Airlines Flight 17 over eastern Ukraine six years ago, the foreign minister announced Friday. The move is intended to support individual cases being brought to the European court by relatives of some of the 298 people who were killed when a Buk surface-to-air missile fired from territory controlled by pro-Moscow Ukrainian rebels blew the Amsterdam-to-Kuala Lumpur flight out of the sky on July 17, 2014. “Achieving justice for 298 victims of the downing of Flight MH17 is and will remain the government’s highest priority,” Foreign Minister Stef Blok said. “By taking this step today … we are moving closer to this goal.” By launching the case against Russia, the Dutch authorities can share evidence with the Strasbourg-based European court so it can...
    By MIKE CORDER, Associated Press THE HAGUE, Netherlands (AP) — The Dutch government is taking Russia to the European Court of Human Rights for its alleged role in the shooting down of Malaysia Airlines Flight 17 over eastern Ukraine six years ago, the foreign minister announced Friday. The move is intended to support individual cases being brought to the European court by relatives of some of the 298 people who were killed when a Buk surface-to-air missile fired from territory controlled by pro-Moscow Ukrainian rebels blew the Amsterdam-to-Kuala Lumpur flight out of the sky on July 17, 2014. “Achieving justice for 298 victims of the downing of Flight MH17 is and will remain the government’s highest priority,” Foreign Minister Stef Blok said. “By taking this step today ... we are moving closer to this goal.” By launching the case against Russia, the Dutch authorities can share “all available and relevant...
    BRUSSELS (AP) — The European Union’s highest court ruled Thursday that online platforms don’t have to disclose the full personal data including email addresses, telephone numbers or IP addresses of users who illegally upload movies and copyright material. The case stems from a German film distributor’s request that YouTube provide details about users who had uploaded the films “Parker” and “Scary Movie 5″ onto the platform. YouTube and its parent company Google refused to provide their email addresses and telephone numbers, as well as the IP addresses they used. The German Federal Court of Justice referred the case to the European Court of Justice, which said online platforms like YouTube just need to provide the user’s postal address under European rules on intellectual property rights. “When a film is unlawfully uploaded onto an online platform, such as YouTube, the rightholder may, under the directive on the enforcement of...
    BERLIN (AP) — The European Union’s highest court ruled Thursday that buyers of Volkswagen cars fitted with software installed to cheat diesel emissions tests can sue the automaker in the country where they bought the car rather than seeking damages in Germany. The European Court of Justice was asked to weigh in on the matter by a state court in Klagenfurt, Austria, which is considering an Austrian consumer protection group’s claim for damages on behalf of 574 customers. Germany-based Volkswagen disputed the international jurisdiction of Austrian courts, the European Court of Justice said. The European court found that the place where the damage occurred was where the cars were bought from a third party — in this case, Austria. It said in a statement that “a motor vehicle manufacturer which is established in one member state and engages in unlawful tampering with vehicles sold in other member states may...
    RYDER CUP star Thorbjorn Olesen has opened up for the first time since his arrest for alleged sexual assault. SunSport told you how the Danish golfer, 30, is alleged to have gone on a tirade before molesting a woman on a British Airways flight in July last year. 2Ryder Cup star Olesen denies the charges of groping a stewardess and urinating in the aisle on a first-class flightCredit: Darren Fletcher - The Sun Olesen appeared in court in September to face charges of urinating on a first-class fight and groping a stewardess. The five-time European Tour winner pleaded not guilty to touching a woman without her consent and being drunk on an aircraft. Olesen, who was part of the victorious European side at the 2018 Ryder Cup, was suspended from the European Tour in light of the allegations. But he made his return to competitive action in the Jyske Bank...
    PARIS (AP) — The European Court of Human Rights ruled on Thursday that France violated the rights of three asylum-seekers who lived for months on the streets with no means to meet basic needs such as food, housing and health care. The court considered that the three migrants — an Afghan, a Russian, and an Iranian — “have been victims of a degrading treatment reflecting a lack of respect for their dignity.” France is “responsible for the conditions in which they lived for months in the street … with permanent fear of being attacked and robbed,” the court said in a statement, noting the “absence of adequate response” from authorities. The court ordered France to pay fines ranging from 10,000 to 12,400 euros ($11,280 to $13,986) to each of the three migrants. The European court has ruled several times against France on its treatment of migrants, saying the country is...
    The European Court of Human Rights (ECtHR) has ruled that France has not violated the human rights of five men who were stripped of their citizenship after terrorist convictions. The ECtHR ruled on Thursday that France’s decision to strip the citizenship of four Franco-Moroccans and one Franco-Turkish man was legitimate. It said the move “did not have disproportionate consequences for their private lives”. The court deemed that “terrorist violence in itself constitutes a serious threat to human rights” and added that the loss of French nationality had not made any of the men stateless as they had dual citizenship — and none were automatically deported as a result of the decision. The Strasbourg court also pointed out that the men had only just acquired French citizenship before they engaged in terrorist acts, Le Figaro reports. The five men had been sentenced in 2007 for “participation in a criminal association for the...
    A top European Union official condemned President Trump’s decision to authorize sanctions against the International Criminal Court employees, calling the policy a “matter of serious concern.” Trump on Thursday signed an executive order authorizing harsh economic penalties on ICC workers or any person who helps with an investigation into the US or its allies, as the court currently probes whether American soldiers committed war crimes in Afghanistan. Speaking at an online press conference after meeting with European foreign affairs ministers, Josep Borrell, the EU’s foreign policy chief, came out against the measure. “[This] is a matter of serious concern, as you can understand, because we as the European Union are steadfast supporters of the International Criminal Court,” Borell said, according to a Politico report. Borell said he learned of the “very bad news” as his meeting was coming to an end and said the Netherlands-based tribunal needed to be respected....
    PARIS (AP) - The European Court of Human Rights ruled Thursday that France violated the freedom of expression of pro-Palestinian activists who were convicted for campaigning against Israeli goods. The court ordered the French government to pay 101,000 euros ($115,000) in overall damages to a group of 11 activists. The global Boycott, Divestment and Sanctions movement hailed the court’s decision as a major victory. The protesters, led by French activist Jean-Michel Baldassi, were convicted of incitement to economic discrimination after taking part in a 2009 demonstration at a hypermarket in the eastern French town of Illzach and handing out leaflets calling for a boycott of Israeli products. France’s top court upheld the conviction. TOP STORIES California sheriffs deputy shot in ambush attack; gunman at large Bigger than life: George Floyd known for big heart, good works, struggles with drugs, crime Mass. college deeply sorry for letting police officers use restroom:...
    GENEVA (AP) - A verdict in Manchester City’s appeal against a two-year UEFA ban from European competitions is expected within five weeks. The Court of Arbitration for Sport set the target Wednesday of “during the first half of July” to publish the decision of its three-judge panel. The panel finished hearing three days of evidence about allegations City broke UEFA’s club finance monitoring rules and obstructed the investigation. TOP STORIES Judge blocks removal of Confederate monument in Richmond, Virginia Chaos in Georgia: Is messy primary a November harbinger? Pope Francis sends strong message to U.S. Catholics after George Floyds death The CAS hearing was held by video link between Switzerland and England at an undisclosed location in Lausanne, with expert witnesses “in various countries,” the court said. Confidentiality was requested by UEFA and City, which is owned by Abu Dhabi’s royal family. “At the end of the...
    GENEVA (AP) — A verdict in Manchester City’s appeal against a two-year UEFA ban from European competitions is expected within five weeks. The Court of Arbitration for Sport set the target Wednesday of “during the first half of July” to publish the decision of its three-judge panel. The panel finished hearing three days of evidence about allegations City broke UEFA’s club finance monitoring rules and obstructed the investigation. The CAS hearing was held by video link between Switzerland and England at an undisclosed location in Lausanne, with expert witnesses “in various countries,” the court said. Confidentiality was requested by UEFA and City, which is owned by Abu Dhabi’s royal family. “At the end of the hearing, both parties expressed their satisfaction with respect to the conduct of the procedure,” CAS said in a statement. The verdict will not affect City playing in this season’s Champions League. It is...
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