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CJEU Judgement: Google -v- AEPD and the rise of EU privacy law

The Court of Justice of the European Union is the highest court in the EU. This year has seen a landmark set of judgments from the court around issues of Privacy and, more broadly, the assertion of the Charter of Fundamental Rights as a significant Human Rights document. The most significant of these is, of course, the Digital Rights Ireland case in which we act for the Plaintiff. But today saw another assertion of the privacy rights of the individual, with […]

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Digital Rights Ireland: ECJ Judgment striking down Data Retention

The ECJ judgement on Digital Rights Ireland’s challenge to the EU’s data retention regime.

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Air Travel Accidents

Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) requires air carriers in the EU to give the following summary of a passenger’s rights on the air ticket. “Air carrier liability for passengers and their baggage This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention. Compensation in the case of death or injury There are no financial limits to the liability for passenger injury or death. […]

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Irish Water; tears ahead?

I think “public procurement” is the ruling idea currently in the Irish Water revelations. The company is changing the description of the subject of the contracts which it first said were “consultancy” contracts. Now, it says they are “provision of services” contracts. In either event, those contracts are, clearly, of great value and easily qualify for mandatory use of public procurement procedures. It is illegal to award contracts without using the proper and appropriate public procurement procedures. The Department of […]

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The Running of Time

Our legal system contains the idea that time runs. What is meant by this, is that an event triggering a cause of action is the beginning of a window of opportunity to litigate a claim. By implication, the window has an end point as well as a start point. A plaintiff cannot successfully commence litigation until the triggering event (the suffering of a loss, usually) and cannot successfully commence litigation after the expiration of the time allocated by the Statute […]

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Judging judges

There are two big ideas current in modern law. One is expressed in the law of the EU; it is the freedom to do business. The other is the law generated in response to the Second World War; it is the law of human rights. There has been an effort to bring them together (and an effort to keep them apart). The effort to bring them together is in the Treaty of European Union and the Charter of Fundamental Rights […]

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Looking East

Trenitalia is Italy’s national train system. Being national, it is open to political interference in the form of over-manning. Other things being equal, this is good for passengers and employees. Ireland can have nothing to say about this situation. Irish citizens, likewise, must confine their reflections on Italian train travel to their memoirs. The USA also has a bloated and inflated industry; its prison system. There are 758 prisoners per 100,000 of population there. This is not the stuff for […]

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The Actio Popularis, Aarhus Convention and class actions in Ireland

Ireland currently has a limited form of class action. It is the “actio popularis”. It is not like the US form of class action; it is not of direct benefit to individual members of the public. They get the benefit when they are in the class that benefits from the judgment. They do not simply lodge their claim for compensation, say. The Irish courts have accepted “actio popularis” claims in only one such proceedings; Digital Rights Ireland Ltd. v The […]

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Digital Rights Ireland: Oral Submission to the European Court of Justice on the Data Retention Directive

McGarr Solicitors act for Digital Rights Ireland. The case of Digital Rights Ireland Limited, seeking to challenge Data Retention, reached a significant milestone on the 9th July 2013, when the case was heard before the European Court of Justice in Luxembourg. The ECJ had received a referral from the Irish High Court, asking it to rule on the question of whether the Data Retention Directive (Directive 2006/24, to its friends) was compatible with basic EU laws. You can read the […]

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Faulty Beef Burgers

This is the appropriate editorial to replace that of the Irish Times of 2nd February 2013. The blame for Ireland’s faulty beef burgers lies with the relevant Irish meat processors and, maybe, with someone in Poland. The testing of the burgers showed two pertinent facts; the animal source of the burger content and the proportion coming from each animal type. Of the tested burgers, most contained trace elements of horse and/or pig. One did not. That one burger, from Silvercrest […]

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