23 September 2025
Is Something Better Than Nothing?
On 11 September 2025, AG Ćapeta delivered her Opinion in Aucrinde, the very first case to reach the Court on the interpretation of the Recast Evidence Regulation since it became applicable in July 2022. While touching upon several issues, one remark stands out: the AG cited the non-fulfilment of the two-step test from criminal judicial cooperation as a reason for the requested court to execute the foreign order. This passage might signal the first migration of the two-step test to civil judicial cooperation, potentially strengthening fundamental rights safeguards, but also carrying risks given its complexity and inherent logic. Continue reading >>
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31 October 2024
Fundamental Rights Come Off the Bench
In 2014, the European Court of Justice clearly prioritised the EU’s position on the unity and effectiveness of EU law over the protection of fundamental rights (Opinion 2/13). Ten years later, in October 2024, a judgment pitting football against the media seems to have turned the tables. In Real Madrid vs Le Monde, the Court held that excessive defamation damages may breach the freedom of the press and trigger the public policy exception. This is a significant shift, prioritising fundamental rights protection over the traditional objective of seamless judicial cooperation across the EU. Continue reading >>
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17 October 2024
Fundamental Rights Score a Goal
Amid the significant number of rulings delivered by the ECJ on 4 October 2024, the long-awaited judgment pitting football against the media stands out. In Real Madrid vs Le Monde, the Court held that excessive defamation damages may breach the freedom of the press and trigger the public policy exception under Brussels Ia Regulation concerning recognition and enforcement of foreign judgments. In doing so, the ECJ allowed national courts to conduct a substantive review of foreign judgments despite the principle of mutual trust, to ensure the enforcement of fundamental rights across the EU. Continue reading >>
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