Judgements Courts of Justice of the European Union (CJEU) – Press Release

Press release 134/17 Judgment in Case C-636/16 Wilber López Pastuzano v Delegación del Gobierno en Navarra

A decision may not be adopted to expel a third-country national who is a long-term resident for the sole reason that he or she has been sentenced to a term of imprisonment of more than one year



Press release 133/17 Judgment in Case T-61/16 The Coca-Cola Company v EUIPO

Coca-Cola may oppose the registration of the sign ‘Master’ which uses the same font as its own for the marketing of beverages and food products



Press release 132/17 Judgment in Case C 230/16 Coty Germany GmbH v Parfümerie Akzente GmbH

A supplier of luxury goods can prohibit its authorised distributors from selling those goods on a third-party internet platform such as Amazon



Press release 131/17 Advocate General’s Opinion in Case C 451/16 MB v Secretary of State for Work and Pensions

Advocate General Bobek considers that a requirement in national law for a person who has changed gender to be unmarried in order to qualify for a state retirement pension is unlawful



Press release 130/17 Judgment in Case C-42/17 M.A.S. and M.B.

The obligation to protect the financial interests of the EU must be reconciled with observance of the principle that offences and penalties must be defined by law



Press release 129/17 Judgment in Case T-893/16 Xiaomi, Inc. v European Union Intellectual Property Office (EUIPO)

Apple succeeds in preventing the registration of ‘MI PAD’ as an EU trade mark in respect of electronic devices and (tele)communication services



Press release 128/17 AGO in Case C 426/16 Liga van Moskeeën Islamitische Organisaties Provincie Antwerpen, VZW e.a. v Vlaams Gewest

According to Advocate General Wahl, the requirement for ritual slaughtering without stunning to be carried out in an approved slaughterhouse does not infringe the right to religious freedom.



Press release 127/17 Judgment in Cases T-633/16, Dominique Bilde v European Parliament and T-634/16, Sophie Montel v European Parliament

The General Court upholds the decision of the European Parliament to recover from Dominique Bilde MEP the sums paid for the employment of a parliamentary assistant on the grounds that she had not proven that work was in fact carried out by that assistant



Press release 126/17 Judgment in Case C-214/16 Conley King v The Sash Window Workshop Ltd and Richard Dollar

A worker must be able to carry over and accumulate unexercised rights to paid annual leave when an employer does not put that worker in a position in which he is able to exercise his right to paid annual leave



Press release 125/17 Judgment in Case C-265/16 VCAST Limited v RTI SpA

The making available of copies of television programmes saved in the cloud must be authorised by the holder of the copyright or related rights



Press release 124/17 Judgment in Case C-514/16 Isabel Maria Pinheiro Vieira Rodrigues de Andrade and Fausto da Silva Rodrigues de Andrade v José Manuel Proença Salvador, Crédito Agrícola Seguros – Companhia de Seguros de Ramos Reais SA and Jorge Oliveira Pinto

Damage caused by vehicles which are also intended to be used as machines for carrying out work must be covered by compulsory motor-vehicle insurance against civil liability only when such vehicles are being used principally as a means of transpor



Press release 123/17 Judgment in Case C-251/16 Edward Cussens and Others v T.G. Brosnan

The prohibition of abusive practices in the sphere of VAT is applicable regardless of a national measure giving effect to it in Member States



Press Release 122/17 Order of the Court in Case C 441/17 R Commission v Poland

Poland must immediately cease its active forest management operations in the Białowieża Forest, except in exceptional cases where they are strictly necessary to ensure public safety



Press release 121/17 Judgment in Case C-165/16 Toufik Lounes v Secretary of State for the Home Department

A non-EU national may benefit from a right of residence in the Member State in which his EU citizen family member resided before acquiring the nationality of that Member State in addition to her nationality of origin



Press release 120/17 Judgment in Case C-671/15 President of the Autorité de la concurrence v Association des producteurs vendeurs d’endives (APVE) and Others

Concertation on price and quantities between several organisations of agricultural producers and associations of such organisations may constitute an agreement, decision or concerted practice for the purposes of competition law



Press release 119/17 Advocate General’s Opinion in Case C-498/16 Maximilian Schrems v Facebook Ireland Limited

According to Advocate General Bobek, Maximilian Schrems may be able to rely on his consumer status in order to sue Facebook Ireland before the Austrian Courts with respect to the private use of his own Facebook account



Press release 118/17 T-180/15 Icap and others V Commission

The EU General Court annuls in part the Commission’s decision against the Icap Group in the cartels relating to Yen interest rate derivatives



Press release 117/17 Advocate General’s Opinion in Case C-414/16 Vera Egenberger v Evangelisches Werk für Diakonie und Entwicklung e.V.

According to Advocate General Tanchev, occupational requirements set by religious organisations are subject to judicial review with respect to alleged unlawful discrimination on the basis of belief



Press release 116/17 Judgment in Case C 98/15 María Begoña Espadas Recio v Servicio Público de Empleo Estatal (SPEE)

The method used in Spain to determine the basis for the calculation of the duration of unemployment benefit for ‘vertical’ part-time workers is contrary to EU law



Press release 115/17 Judgment in Case C-306/16 Maio Marques da Rosa v Varzim Sol— Turismo, Jogo e Animação SA

The weekly rest period for workers does not necessarily have to be granted the day following six consecutive working days



Press release 114/17 Advocate General’s Opinion in Case C-359/16 Ömer Altun and Others v Openbaar Ministerie

According to Advocate General Saugmandsgaard Øe, a national court may, in the event of fraud, disapply the social security certificate of posted workers in the EU



Press release 113/17 Judgment in Case C-90/16 The English Bridge Union Limited v Commissioners for Her Majesty’s Revenue & Customs

Duplicate bridge is not a ‘sport’ within the meaning of the VAT Directive and cannot therefore be exempt as such



Press release 112/17 Judgment in Case C-106/16 Polbud – Wykonawstwo sp. z o.o.

Member States may not impose mandatory liquidation on companies that wish to transfer their registered office to another Member State



Press release 111/17 Judgment in Case C 201/16 Majid Shiri v Bundesamt für Fremdenwesen und Asyl

An applicant for international protection can rely, before a court or tribunal, on the expiry of the period laid down for his removal to another Member State



Press release 110/17 Advocate General’s Opinion in Case C 353/16 MP v Secretary of State for the Home Department

According to Advocate General Bot, the lack of appropriate psychological care in the country of origin of a person who was tortured there in the past is not sufficient to allow that person to claim subsidiary protection



Press release 108/17 Judgments in Cases C-598/16 P Viktor Fedorovych Yanukovych v Council and C-599/16 P Oleksandr Viktorovych Yanukovych v Council

The Court of Justice confirms the freezing of funds of Mr Viktor Yanukovych, former President of Ukraine, and of his son Oleksandr for the period from 6 March 2015 until 6 March 2016



Press release 109/17 Advocate General’s Opinion in Joint Cases C 316/16 and C-424/16 B v Land Baden-Württemberg and Secretary of State for the Home Department v Franco Vomero

According to Advocate General Szpunar, the acquisition of a right of permanent residence is a prerequisite of an EU citizen being able to qualify for enhanced protection against expulsion



Press release 107/17 Judgment in Case C 65/16 Istanbul Lojistik Ltd v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság

The Hungarian tax on motor vehicles is incompatible with the EEC-Turkey Association Agreement



Press release 106/17 Judgment in Case C 409/16 Maria-Elleni Kalliri v Ypourgos Esoterikon and Ypourgos Ehtnikis Paideias kai Thriskevmaton.

A law that lays down, as a criterion for admission to a police school, a minimum height requirement irrespective of sex may constitute unlawful discrimination against women