Clinkscale and other panelists
discussed key provisions of the «Restatement,» highlighting areas of consensus and areas of controversy, anonymously «polling» audience members (using handheld technology) on fact patterns addressed in the draft «Restatement.»
This right played a
key role in seminal judgments of the CJEU such as Schecke and Eifert, where for the first time a
provision of secondary legislation was annulled for incompatibility with the Charter, and in Digital Rights Ireland (
discussed earlier on this blog), where for the first time an entire Directive was annulled on the same grounds.