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> Is the legal argument stronger here? EU court directives are applicable for EU member countries. CDU or SPD can't do much. There's also a ruling from the Dan

> Is the legal argument stronger here? EU court directives are applicable for EU member countries. CDU or SPD can't do much. There's also a ruling from the Danish SC on EU directives that applies in Germany on open WiFi. I doubt SPD or CDU could do much. It would potentially just delay the homecoming of such a law.

Tomte 10y ago
Danish court rulings binding on Germany? You're either joking or misinformed.
- germanier 10y ago
  No court rulings are ever binding apart from the specific case discussed. However, judges often (especially in higher courts) state criteria they would use to judge similar cases and make general remarks in this area of law. Other judges then later directly refer to those lines of argumentation. If a Danish judge issued a ruling based solely on EU law with convincing arguments, then a German judge can use that later just as if another German court ruled on that matter. I don't read verdicts often enough to say how common this is (and certainly often arguments are copied without mentioning the source). However, in literature you regularly see that authors refer to cases from different EU member states. And why should arguments made by Danish judges by worth less in Germany than arguments made by German judges? The whole point of the EU is harmonization of law. If one legal source is consistently interpreted in two different ways in two different countries something definitely went wrong.
- denzil_correa 10y ago
  I have explicitly mentioned that is a Danish Supreme Court ruling on EU directives and hence, has bearing (not binding) in Germany. I'd love to prove wrong but here's a link that pretty much mentions the same > It’s noteworthy, though Germany’s legislators probably don’t realize this yet, that the elimination of the Störerhaftung enables use of the open wireless defense in Germany, according to a ruling from the Danish Supreme Court (which does have bearing in Germany, as that court ruled on EU directives). https://www.privateinternetaccess.com/blog/2016/05/finally-germany-abolishes-open-wi-fi-liability-users-behavior/ https://www.privateinternetaccess.com/blog/2016/05/finally-g...

Tomte 10y ago

Danish court rulings binding on Germany? You're either joking or misinformed.

germanier 10y ago
No court rulings are ever binding apart from the specific case discussed. However, judges often (especially in higher courts) state criteria they would use to judge similar cases and make general remarks in this area of law. Other judges then later directly refer to those lines of argumentation. If a Danish judge issued a ruling based solely on EU law with convincing arguments, then a German judge can use that later just as if another German court ruled on that matter. I don't read verdicts often enough to say how common this is (and certainly often arguments are copied without mentioning the source). However, in literature you regularly see that authors refer to cases from different EU member states. And why should arguments made by Danish judges by worth less in Germany than arguments made by German judges? The whole point of the EU is harmonization of law. If one legal source is consistently interpreted in two different ways in two different countries something definitely went wrong.
denzil_correa 10y ago
I have explicitly mentioned that is a Danish Supreme Court ruling on EU directives and hence, has bearing (not binding) in Germany. I'd love to prove wrong but here's a link that pretty much mentions the same > It’s noteworthy, though Germany’s legislators probably don’t realize this yet, that the elimination of the Störerhaftung enables use of the open wireless defense in Germany, according to a ruling from the Danish Supreme Court (which does have bearing in Germany, as that court ruled on EU directives). https://www.privateinternetaccess.com/blog/2016/05/finally-germany-abolishes-open-wi-fi-liability-users-behavior/ https://www.privateinternetaccess.com/blog/2016/05/finally-g...