Assistant lawyer Natālija Ķīse complied the material.
Dispute resolution & risk management
Request for a preliminary ruling seeking clarification on procurement exclusions based on non-final competition infringement decisions
Published: 28 September 2026
Latvia’s Supreme Court has referred a question to the Court of Justice of the European Union (CJEU), seeking clarification on the circumstances under which undertakings sanctioned for breaches of competition law may be barred from participating in public procurement procedures. Lodged in case C-694/26, the request for a preliminary ruling stems from a dispute between SIA Latvijas Sabiedriskais Autobuss, Latvia’s Procurement Monitoring Bureau, and the procurement commission of Ādaži municipality.
The Latvian court is asking the CJEU to interpret EU public procurement law, in particular Article 57 of Directive 2014/24, together with the rights safeguarded under the EU Charter of Fundamental Rights.
ECtHR: disproportionate tax fines must be prevented by the legal system as a whole, rather than through judicial mechanisms
Delivered: 29 September 2026
On 29 September 2026, the European Court of Human Rights (ECtHR) delivered an advisory opinion at the request of Ukraine’s Supreme Court (no. P16-2026-001). The case arises from a dispute concerning a 200 % fine imposed on the company for selling fuel and alcoholic beverages using a cash register not listed in its licence.
The Court reiterated that, under Article 1 of Protocol No. 1 to the European Convention on Human Rights, which protects the right to property, any interference with a person’s property rights must be lawful and pursue a legitimate aim, and that States must ensure their legal systems, taken as a whole, provide safeguards against a disproportionate burden in each individual case. The Court also noted that the Convention does not prohibit the use of automatic sanctions, but does not confer on national courts any particular power to reduce such sanctions, nor does it require States to ensure that such a power exists.
CJEU: countries cannot automatically pause asylum applications just because the applicant already has temporary protection
Delivered: 1 October 2026
The CJEU has delivered its judgment in a case concerning the suspension of an asylum application lodged by a beneficiary of temporary protection. The question before the Court was whether EU law permits Member States to automatically suspend the examination of such an application until the temporary protection expires.
The CJEU held that it does not: a beneficiary of temporary protection may simultaneously apply for international protection, with the two procedures proceeding in parallel and independently of one another. The rejection of the asylum application does not result in the loss of temporary protection status, and the statutory time limits governing the examination of asylum applications apply irrespective of whether the applicant already benefits from temporary protection.
Competition & regulatory
CJEU Advocate-General: EU law precludes companies from recovering competition fines from managers
Delivered: 1 October 2026
Advocate General Szpunar has proposed that Article 101 TFEU prevents a company fined for breaching EU competition law from seeking compensation from a member of its management body for the financial loss arising solely from payment of that fine.
Transport & Logistics
New EU regulation on air passenger rights officially published
Published: 2 October 2026
Regulation 2026/2202 has been published in the Official Journal of the European Union and is set to apply from 23 October 2027, amending Regulation (EC) No 261/2004 on compensation and assistance for passengers facing denied boarding, flight cancellation or long delays, and Regulation (EC) No 2027/97 on air carriers’ liability for the carriage of passengers and baggage.
It introduces stronger protections for passengers affected by overbooking, delays or cancellations, faster refund procedures, and tailored measures for families and vulnerable groups, with the new rules applying to flights departing from the EU, even when operated by non-European airlines flying to destinations outside the continent, as well as to flights from third countries where the carrier is European.
