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15 January 2010
Issue: 7400 / Categories: Case law , Law digest
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European Union

European Commission v Ireland and others C-89/08 P, [2009] All ER (D) 230 (Dec)

It was established law that the statement of reasons required by Art 253 EC had to be appropriate to the measure at issue and had to disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted the measure in question in such a way as to enable the persons concerned to ascertain the reasons for the measure and to enable the competent community court to exercise its power of review.

The requirements to be satisfied by the statement of reasons would depend on the circumstances of each case, in particular the content of the measure in question, the nature of the reasons given and the interest which the addressees of the measure, or other parties to whom it is of direct and individual concern, might have in obtaining explanations. It would not be necessary for the reasoning to go into all the relevant facts and points of law, since the question whether the statement of reasons had met

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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