The European Commission recently published a study which identifies the emerging trends and best practices with regard to the national courts' enforcement of state aid law across the European Union. In terms of trends, the study highlights that national courts rarely conclude that unlawful state aid has been granted (by their national authorities) and hence have rarely awarded remedies in favour of complainants that allege that state aid has been granted. This trend is particularly evident in relation to damages claims.
The European Court of Justice recently found that the EU Service Regulation must be interpreted and applied to ensure a fair balance between the interests of a party that serves documents and those of the addressee by reconciling the objectives of efficiency and speed of service of procedural documents with the need to ensure that the addressee's right to defence against the documents is adequately protected through the guarantee of their receipt.
The extent to which sleeping in vehicles is allowed under EU law has been the subject of much debate in the road transportation industry. EU employers of drivers of road transport vehicles will have noted with interest the European Court of Justice (ECJ) advocate general's recent opinion that drivers cannot take their regular weekly rest periods inside their vehicles. Although it may be several months before the ECJ reaches a decision on this issue, the court usually follows the advocate general's advice.
EU Regulation 655/2014 establishing a European account preservation order (EAPO) procedure will enter into force in January 2017, providing creditors with the opportunity to attach bank accounts throughout the European Union on the basis of a single application. The EAPO Regulation was driven by a European Commission study which showed that creditors encounter many difficulties when collecting outstanding claims in cases with cross-border implications.
On January 10 2015 the recast EU Brussels Regulation came into force, repealing and replacing the Brussels I Regulation (44/2001). Among the reforms introduced by the recast Brussels Regulation are provisions intended to prevent the infamous abusive litigation tactic known as the 'Italian torpedo'.