News
Europe – In its judgment of 11 June 2026 (Case C-601/24 – V.B.), the Court of Justice of the European Union held that the importation of tablets containing an extract of Japanese seahorse for therapeutic purposes could be regarded as a ‘personal or household effect’, with the result that such importation is exempt from criminal penalties because it benefits from the derogation provided for in Regulation No 338/97
HAVET & VANHUFFEL - Association d'avocats In Case C-601/24, the Court of Justice of the European Union was asked to give a preliminary ruling following a request from a Polish court in the context of criminal proceedings brought against a Ukrainian national who...
Europe – In a judgment of 12 June 2026 (Case C-841/24 – Commission v Hellenic Republic), the Court of Justice of the European Union found that the Hellenic Republic had failed to fulfil its obligations concerning collection systems, secondary treatment, enhanced treatment in sensitive areas, and appropriate treatment of urban waste water under Directive 91/271/EEC
HAVET & VANHUFFEL - Association d'avocats In its judgment of 12 June 2026 (Case C-841/24 – Commission v Hellenic Republic), the Court of Justice of the European Union found that the Hellenic Republic had failed to fulfil its obligations concerning collection...
Luxembourg – La lutte contre l’artificialisation des sols
L’artificialisation des sols, en droit luxembourgeois I. Le concept « Zéro artificialisation nette » en France En France, le sujet de la lutte contre l’artificialisation des sols est dans le débat public depuis plusieurs années. L’artificialisation des sols est en...
World – adoption on May 20, 2026, by the United Nations General Assembly of a resolution recognizing the responsibility of States that fail to comply with their climate commitments and legal obligations
HAVET & VANHUFFEL - Association d'avocats The United Nations General Assembly adopted on May 20, 2026. a resolution recognizing the responsibility of States that fail to comply with their climate commitments and legal obligations. The non-binding text echoes the...
Europe – In a judgment delivered on 13 May 2026 (Case C-286/25), the Court of Justice of the European Union held that, where a Member State infringes EU law by unlawfully depriving individuals of property rights, the persons concerned must be granted full, effective, and adequate compensation. Consequently, a compensation scheme based solely on the value of the property at the time the rights were withdrawn does not satisfy that requirement, since it fails to take into account the loss of profit suffered by the rights holders, in particular the income they could have derived from the use or lease of the property concerned. The Court further held that EU law, in particular Article 63 TFEU and Article 17 of the Charter of Fundamental Rights, precludes national legislation that makes it excessively difficult to obtain full compensation for damage caused by a sufficiently serious breach of EU law
HAVET & VANHUFFEL - Association d'avocats In a judgment delivered on 13 May 2026 (Case C-286/25), the Court of Justice of the European Union held that, where a Member State infringes EU law by unlawfully depriving individuals of property rights, the persons...
Europe – In a judgment of 30 April 2026, (No. 3768/18 – Nikolaou and Others v. Cyprus), the European Court of Human Rights held that even where an expropriation has been lawfully carried out, a refusal to return the expropriated land which is not justified by the public interest may upset the fair balance between the demands of the general interest and the protection of individual property rights, and thus constitute a violation of Article 1 of Protocol No. 1 to the European Convention on Human Rights
HAVET & VANHUFFEL - Association d'avocats In a judgment of 30 April 2026, (No. 3768/18 - Nikolaou and Others v. Cyprus), the European Court of Human Rights held that even where an expropriation has been lawfully carried out, a refusal to return the expropriated...
Europe – The Court of Justice of the European Union, in its judgment of 16 April 2026 (Case C-58/24 – NE and Others v Ireland), held that a Member State may impose a strict time limit for challenging an environmental derogation (regarding a protected species), provided that this time limit complies with the principles of equivalence and effectiveness, meaning that it must not render judicial review impossible or excessively difficult
HAVET & VANHUFFEL - Association d'avocats The Court of Justice of the European Union, in its judgment of 16 April 2026 (Case C-58/24 – NE and Others v Ireland), held that a Member State may impose a strict time limit for challenging an environmental derogation...
Europe – In its judgment of 9 April 2026 (case no. 47565/22, Vendrame and Others v. Italy), the European Court of Human Rights held that environmental restrictions limiting the use of agricultural land, without constituting expropriation, may not give rise to compensation where they are provided for by law, pursue a legitimate aim in the public interest, and strike a fair balance between that interest and the rights of property owners
HAVET & VANHUFFEL - Association d'avocats Europe – In its judgment of 9 April 2026 (case no. 47565/22, Vendrame and Others v. Italy), the European Court of Human Rights held that environmental restrictions limiting the use of agricultural land, without...
Europe – In a judgment of 24 March 2026 (case no. 41618/18 – Mammadova and Mammadov v. Azerbaijan), the European Court of Human Rights ordered the Republic of Azerbaijan to compensate two applicants for the damage suffered as a result of the demolition of their building without identifying a clear legal basis permitting the demolition of the property and without a prior judicial decision
HAVET & VANHUFFEL - Association d'avocats In a judgment of 24 March 2026 (case no. 41618/18 – Mammadova and Mammadov v. Azerbaijan), the European Court of Human Rights ordered the Republic of Azerbaijan to compensate two applicants for the damage suffered as a...
Europe – The European Commission adopted new official guidelines on Wednesday, 25 March 2026, intended to guide Member States in the implementation of the Natura network in response to the growing pressures of climate change
HAVET & VANHUFFEL - Association d'avocats The European Commission adopted new official guidelines on Wednesday, 25 March 2026, intended to guide Member States in the implementation of the Natura network in response to the growing pressures of climate change. This...