According to Advocate General Bot, a Member State may not, except in exceptional circumstances, rely on the lack of specialised centres in part of its territory in order to detain in prison a third-country national awaiting his removal, even with the consent of that third-country national

Date of article: 30/04/2014

Daily News of: 30/04/2014

Country:  EUROPE

Author: Court of Justice of the European Union

Article language: en

The ‘Returns’ Directive provides that, where third-country nationals are awaiting removal, the Member States must use the least coercive measures possible, according to a gradation which goes from the granting of a period for voluntary departure to detention. Where the authorities opt for detention, this must take place in a specialised facility and can only take place on an exceptional basis in a prison, the Member State then having to ensure that the third-country national is separated from ordinary prisoners.

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Advocate General Mengozzi considers that the age limit laid down by EU law for those seeking family reunification with their spouse may also be reached after the relevant application has been submitted

Date of article: 30/04/2014

Daily News of: 30/04/2014

Country:  EUROPE

Author: Court of Justice of the European Union

Article language: en

Pursuit of the legitimate objective of limiting the incidence of forced marriage must not adversely affect the right to family reunification of genuinely married couples

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Consumers who contract a loan in foreign currency must be able to assess the economic consequences of the application of a rate of exchange (the selling rate) to the repayment of the loan which is different from that applicable to the calculation of the amount of the loan when it is made available (the buying rate)

Date of article: 30/04/2014

Daily News of: 30/04/2014

Country:  EUROPE

Author: Court of Justice of the European Union

Article language: en

The national court may substitute a provision of national law for an unfair term in order to re-establish a balance between the parties to the contract and to preserve its validity

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