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GLOSSARY

EU Decision definition

Published by a LexisNexis EU Law expert

What does EU Decision mean?

A decision is a one of the legal instruments of the Union and is defined as being legally binding in its entirety, but if addressed to a specific person only binding upon its addressee.

Article 288 (4) TFEU defines decisions as being binding in their entirety. Under the Lisbon definition decisions do not need to indicate to whom they are addressed whilst clarifying that decisions may be addressed to individual addressees. Decision can therefore be addressed to specific parties such as the Member States, natural or legal persons, although some decisions can be more generic in nature. Decisions are mainly used as executive acts of the institutions, but can also contain abstract-general elements making them comparable with acts of a legislative nature. Decisions take effect by virtue of publication in the Official Journal when they do not specify any addressees, but take effect through notification to those to whom they are addressed when they specify their addressees (Article 297 TFEU).

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EU Market Abuse Regulation—timeline

EU Market Abuse Regulation—timeline This timeline looks at the development of the EU market abuse regime under Regulation (EU) 596/2014 (EU Market Abuse Regulation) from 2024 onwards. For earlier developments, see Market Abuse Regulation—timeline. For general information on the information on the EU Market Abuse Regulation, see Practice Notes: EU Market Abuse Regulation (MAR)—essentials, EU Market Abuse Regulation (EU MAR)—one minute guide and EU Market Abuse Regulation—level 2 and level 3 measures. Date Source Document Description 12 December 2024 ESMA ESMA consults on Technical Advice on Listing Act implicationsConsultation on the draft technical advice concerning MAR and MiFID II SME GM The European Securities and Markets Authority (ESMA) has published a consultation to gather feedback on changes to the MAR and Markets in Financial Instruments Directive II (MiFID II) introduced by the Listing Act. Responses are sought by 13 February 2025 and technical advice will be provided to the European Commission by 30 April 2025.See: LNB News 12/12/2024 68. 14 November 2024 European Union Regulation (EU) 2024/2809...

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The EU Courts and competition law—practice and procedure

The Court of Justice of the European Union has its seat in Luxembourg and consists of two courts: the Court of Justice and the General Court (the Civil Service Tribunal was merged into the General Court in September 2016). The General Court and Court of Justice both hear cases involving EU competition law, including:•appeals brought against decisions of the European Commission (the Commission) in relation to Articles 101 and 102 TFEU (infringement decisions, decisions rejecting complaints and procedural decisions taken during investigations)•appeals brought against decisions of the Commission in relation to Articles 107 to 109 TFEU (State aid) (decisions approving or refusing aid and also procedural decisions during investigations)•appeals brought against decisions of the Commission in relation to the EU Merger Regulation (EUMR)•actions by the Commission before the Court of Justice against Member States for failing to comply with State aid decisions (eg failure to recoup illegal aid)•references made to the Court of Justice from national courts on points of interpretation of EU law which have, for example, arisen...

European legislative process

EU lawThe EU’s core objective of achieving European unification is based exclusively on the rule of law. EU law is an independent legal system which has primacy (or supremacy) over national legal provisions. A number of key players are involved in the process of implementing, monitoring and further developing this legal system for which a variety of procedures apply. In general, EU law is composed of three different but interdependent types of legislation, ie primary, secondary and tertiary. The combined law of the EU is also known as the ‘acquis communautaire’.Categories and areas of EU competenceCompetence is a term used to denote the power of the EU to undertake specific action where such power is conferred upon it by the Member States in the EU Treaties. The EU’s competences are set out in the EU Treaties, which provide the basis for any actions the EU institutions take. The EU can only act within the limits of the competences conferred on it by the Treaties, and where the Treaties do not...

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To what extent are references in contracts to UK legislation and EU legislation affected by the European Union (Withdrawal) Act 2018?

To what extent are references in contracts to UK legislation and EU legislation affected by the European Union (Withdrawal) Act 2018? Where a contract contains a reference to legislation, the question may arise as to which version of the legislation is meant. The default position is that the standard rules of contract law for determining the meaning of a contract apply. These examples illustrate that the European Union (Withdrawal) Act 2018 (EU(W)A 2018) does not displace this position. Example 1 ‘In this contract, the term “rest period” shall have the meaning given in the Working Time Regulations 1998.’ In this example, the reference is to EU-derived domestic legislation. It is a non-ambulatory reference (unless there is anything in the rest of the contract or context to indicate otherwise). For an explanation of ambulatory and non-ambulatory references, see Q&A: What are the rules on the interpretation of ambulatory and non-ambulatory references to EU-derived legislation in UK legislation post-Brexit? There is a provision in EU(W)A 2018 on the...

Refusing a data subject request—what is ‘manifestly unfounded or excessive’?

Refusing a data subject request—what is ‘manifestly unfounded or excessive’? The General Data Protection Regulation (GDPR) provides for enhanced rights for data subjects, including providing rights of access, rectification, erasure and restriction of processing, data portability, and a right of data subjects, with strict time limits for complying. Where a data subject request is manifestly unfounded or excessive, in particular because of its repetitive character, you can either: • charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested—see Precedent: Response to data subject request—all rights—charging a fee or extension of time to respond • refuse to act on the request Each request must be considered individually on a case-by-case basis. You bear the burden of demonstrating the request is manifestly unfounded or excessive. In order to do so, you should keep a record of your reasoning. Where you intend to refuse a data subject request, you must inform the data subject, no later than one...

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UK government seeks dismissal of union's claim from failure to implement EU copyright law

Law360, London: The UK government urged a judge on 30 June 2025 to dismiss most of a legal claim brought by two US trade unions and fund trustees for not properly instituting EU copyright laws, arguing that the unions did not have standing to bring their claims.

Retained EU Law (Revocation and Reform) Bill—impact for restructuring and insolvency

Restructuring & Insolvency analysis: The Retained EU Law (Revocation and Reform) Bill (the Revocation Bill), if passed, has some potential implications for restructuring and insolvency lawyers advising on cross border matters.

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