2024
ECJ Newsletter (Weeks XXVII – XXVIII 2024)
Press Release 108/24: Judgment of the Court in Case C-284/23 | Haus Jacobus
A pregnant worker must be afforded a reasonable time limit in order to be able to bring an action against her dismissal
A two-week time limit for making a request for leave to intervene appears to be insufficient
Press Release 107/24: Judgments of the Court in Perindopril Market (Servier) Cases
The Court of Justice rules on the existence of agreements, decisions and concerted practices and of abuse of a dominant position on the perindopril market
It examines the patent dispute settlement agreements concluded by the Servier group with manufacturers of generic medicines.
Press Release 106/24: Judgment of the Court in Case C-626/22 | Ilva and Others
The operation of the Ilva steelworks must be suspended if it poses serious and significant threats to the environment and human health
It is for the Milan District Court to assess whether that is the case
ECJ Newsletter (Weeks XXVI – XXVII 2024)
Press Release 104/24: Judgment of the Court in Case C 540/22 | Staatssecretaris van Justitie en Veiligheid (Posting of workers from third countries)
Posted Ukrainian workers: the Member State in which the works are carried out may impose an obligation to obtain a residence permit
Press Release 103/24: Judgment of the Court in Case C 296/23 | dm-drogerie markt
Advertising for biocidal products: EU law prohibits use of the indication ‘skin friendly’
Press Release 102/24: Judgment of the Court in Case C 753/22 | Bundesrepublik Deutschland (Effect of a decision granting refugee status)
Refugee status: a Member State is not required automatically to recognise refugee status granted in another Member State.
Press Release 101/24: Judgment of the Court in Case C-352/22 | Generalstaatsanwaltschaft Hamm (Request for the extradition of a refugee to Türkiye)
The granting of refugee status in a Member State precludes the extradition of the person concerned to his or her country of origin
As long as the authority that granted that status has not revoked or withdrawn it, the person concerned cannot be extradited, regardless of the underlying reasons for the extradition request.
ECJ Newsletter (Weeks XXV – XXVI 2024)
Press Release 100/24: Judgment of the Court in Case C-563/22 | Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite (Refugee status – Stateless person of Palestinian origin)
Stateless persons of Palestinian origin registered with UNRWA should, in principle, be granted refugee status if UNRWA’s protection or assistance is considered to have ceased
UNRWA’s assistance or protection must, in particular be considered to have ceased vis-à-vis the applicant when that body finds itself unable, for whatever reason, to ensure dignified living conditions or minimum security conditions to any stateless person of Palestinian origin, staying in the sector of UNRWA’s area of operations, in which the applicant had his or her habitual residence.
Press Release 99/24: Judgment of the Court in Case C-123/22 | Commission v Hungary (Reception of applicants for international protection II)
Asylum policy: Hungary is ordered to pay a lump sum of 200 million euros and a penalty payment of 1 million euros per day of delay for failure to comply with a judgment of the Court of Justice
That failure, which consists in deliberately avoiding the application of a common EU policy as a whole, constitutes an unprecedented and extremely serious infringement of EU law.
Press Release 98/24: Judgment of the General Court in Case T-604/22 | Société du Tour de France / EUIPO – FitX (TOUR DE X)
Trade mark law: the action brought by Société du Tour de France against registration of the EU trade mark Tour de X is dismissed
That mark may be used, inter alia, for sporting articles and sporting activities.
Press Release 97/24: Judgment of the Court in Case C-221/22 P | Commission v Deutsche Telekom
The Commission must pay interest on fines it has unduly imposed in competition matters and which it has provisionally collected.
That interest is intended to compensate, at a standard rate, the undertaking concerned for the loss of enjoyment of the amount in question.
Press Release 96/24: Judgment of the Court in Case C-646/21 | Staatssecretaris van Justitie en Veiligheid (Women identifying with the value of gender equality)
International protection: refugee status may be granted to women who identify with the value of equality between women and men.
ECJ Newsletter (Weeks XXIV – XXV 2024)
Press release 95/14: Judgment of the Court in Case C-547/22 | INGSTEEL
Public procurement: a tenderer who has been unlawfully excluded from a procurement procedure may claim damages for loss of opportunity
Press Release 94/24: Judgment of the Court in Case C 441/21 P | Ryanair v Commission
COVID-19: the Court upholds the Commission’s decision authorising the solvency support fund for strategic Spanish undertakings
Ryanair had challenged that decision, relating to an aid scheme amounting to €10 billion.
Press Release 93/24: Judgment of the General Court in Case T 134/21 | Malacalza Investimenti and Malacalza v ECB
Non-contractual liability on the part of the European Union: the General Court of the European Union dismisses the action for damages brought by Malacalza Investimenti and Mr Vittorio Malacalza against the ECB
None of the instances of unlawful conduct alleged against the ECB in the context of its supervision of Banca Carige is capable of giving rise to non-contractual liability on the part of the European Union
Press Release 92/24: Judgment of the General Court in Case T 58/23 | Supermac’s v EUIPO – McDonald’s International Property (BIG MAC)
McDonald’s loses the EU trade mark Big Mac in respect of poultry products
The General Court holds that McDonald’s has not proved genuine use within a continuous period of five years in the European Union in connection with certain goods and services
Press Release 91/24: Order of the General Court in Joined Cases T 530/22 to T-533/22 | Medel and Others v Council
Rule of law: the actions brought by organisations of European judges against the Council decision approving the recovery and resilience plan for Poland are dismissed as inadmissible
ECJ Newsletter (Weeks XXIII – XXIV 2024)
Press Release 90/24: Judgment of the Court in Case C 400/22 | Conny
Online orders: the order button, or a similar function, must clearly indicate that, by clicking on it, the consumer assumes an obligation to pay
This applies even where the obligation to pay is also dependent on the satisfaction of a subsequent condition
Press Release 89/24: Judgments of the Court in Joined Cases C-662/22 |Airbnb Ireland & C-667/22 |Amazon Services Europe, C-663/22 |Expedia, Joined Cases C-664/22 |Google Ireland & C 666/22 |Eg Vacation Rentals Ireland and C-665/22 |Amazon Services Europe
E-commerce: a Member State may not impose additional obligations on an online service provider established in another Member State
Press Release 88/24: Judgment of the General Court in Case T 395/22 | Hypo Vorarlberg Bank v SRB (2022 ex-ante contributions)
The General Court of the European Union finds that the calculation of the 2022 ex-ante contributions to the Single Resolution Fund (SRF) is unlawful
The Single Resolution Board (SRB) exceeded, as the General Court already found in a previous judgment, an annual upper limit that it should have observed and, in addition, relied on unlawful provisions of law
Press Release 87/24: Judgment of the General Court in Cases T 200/22 and T-314/22 | Poland v Commission
The General Court maintains Poland’s obligation to pay the daily penalty imposed in the case concerning the Turów mine
The Commission could legitimately offset the amounts payable in respect of that periodic penalty payment against amounts owed to Poland by the European Union
ECJ Newsletter – Weeks 22-23
Press Release 86/24: Judgment of the Court in Case C 405/23 | Touristic Aviation Services
Rights of air passengers: the shortage of airport staff for loading baggage which caused a long delay of a flight may constitute an “exceptional circumstance”
Press Release 85/24: Judgment of the Court in Case C 27/23 | [Hocinx]
Equal treatment: frontier workers must enjoy the same social advantages as resident workers
ECJ Newsletter (Weeks XX – XXI 2024)
Press Release 83/24: Judgment of the General Court in Case T 28/22 | Ryanair v Commission (Condor – Restructuring aid)
The General Court of the European Union annuls the decision of the Commission to approve restructuring aid for charter airline Condor.
Having regard to the doubts that the Commission should have had as regards the compatibility of that aid with EU law, it should have initiated a formal investigation procedure.
Press Release 82/24: Judgment of the General Court in Case T 375/22 | Izuzquiza and Others v Parliament
Transparency: the European Parliament must give access, in the interests of public scrutiny, to information relating to a Member of the European Parliament who has been convicted in a court of law.
Press Release 84/24: Judgment of the Court in Case C-53/23 | Asociaţia “Forumul Judecătorilor din România” (Associations of judges)
Rule of Law: EU law does not require that professional associations of judges are granted the right to challenge decisions relating to the appointment of prosecutors.
Press Release 81/24: Advocate General’s Opinion in Case C-4/23 | Mirin
According to Advocate General Richard de la Tour, a Member State’s refusal to recognise changes of forename and gender acquired in another Member State is contrary to the rights of EU citizens.
However, Member States remain competent to regulate the effects of that recognition in relation to marriage and parentage.
Press Release 80/24: Judgment of the Court in Case C 115/22 | NADA and Others
The Austrian arbitration committee competent to combat doping in sport is not entitled to submit questions to the Court of Justice.
The Court takes account of a number of criteria to determine whether a body is a ‘court or tribunal’ for the purposes of EU law, including the requirement of independence, which is not met by that body.
Press Release 79/24 – 20th anniversary of the accession of 10 States to the European Union
A conference held on Friday 3 May 2024 at the Palais of the Court of Justice, to mark this event: CP240079EN
Timeline of significant milestones – EN-Timeline
Info sheet containing overall and national facts relating to the impact of this accession on the Court – General Info EN
ECJ Newsletter (Weeks XIX – XX 2024)
Press Release 78/24: Advocate General’s Opinion in Case C 650/22 | FIFA
AG Szpunar: Some FIFA rules on transfer of players may prove to be contrary to EU law.
These rules are of restrictive nature and may only be justified in specific circumstances.
Press Release 77/24: Judgment of the Court in Case C 670/22 | M.N. (EncroChat)
EncroChat: the Court of Justice clarifies the conditions for the transmission and use of evidence in criminal cases with a cross-border dimension.
Press release 76/24: Judgment of the Court in Case C-178/22 | Procura della Repubblica presso il Tribunale di Bolzano
Privacy and prosecution of serious offences: the court responsible for authorising access to telephone records in order to identify the perpetrators of an offence, and for the prosecution of which offence national law envisages such access, must be entitled to refuse or restrict that access.
Press Release 75/24: Judgment of the Court in Case C-470/21| La Quadrature du Net and Others (Personal data and action to combat counterfeiting)
Combating criminal offences and interference with fundamental rights: a national public authority responsible for combating online counterfeiting may access identification data on the basis of an IP address.
The Court specifies the requirements concerning the arrangements for retaining and accessing those data.
Newsletter
Press Release 74/24: Advocate General’s Opinion in Case C 446/21 | Schrems (Communication of data to the general public)
AG Rantos: Privacy: a public statement by the user of a social network about his or her sexual orientation renders those data ‘manifestly public’, without, however, permitting their processing for the purposes of personalised advertising.
Press Release 73/24: Judgment of the Court in Joined Cases C 684/22 to C 686/22 | Stadt Duisburg (Loss of German nationality)
EU law does not, in principle, preclude the automatic loss of German nationality in the event of recovery of Turkish nationality.
However, where that loss is also liable to entail the loss of EU citizenship, it must be possible to carry out an individual examination of the consequences of that loss for the person concerned.
Press Release 72/24: Judgment of the Court in Joined Cases C 420/22 | NW and C 528/22| PQ (Classified information)
Citizenship of the European Union: the withdrawal, on the basis of classified information, of the residence permit of a third-country national bringing up a child who is a Union citizen must be subject to an effective remedy.
Press Release 70/24: Judgment of the General Court in Case T-205/22 | Naass and Sea-Watch v Frontex
Judgment of the General Court in Case T-205/22 | Naass and Sea-Watch v Frontex
The General Court partially annuls the Frontex decision refusing a request by Sea-Watch for access to documents.
PRESS RELEASE No 71/24 Judgment of the General Court in Case T 157/23 | Kneipp v EUIPO – Patou (Joyful by nature)
Judgment of the General Court in Case T-157/23 | Kneipp v EUIPO – Patou (Joyful by nature).
EU trade marks: the General Court confirms that the reputation of a trade mark is acquired and, in general, lost progressively.
ECJ Newsletter (Weeks XVII – XVIII 2024)
Press Release 69/24: Judgment of the Court of Justice in Case C-605/21 | Heureka Group (Online price comparison services)
Infringements of EU competition law: the former Czech rules on limitation are incompatible with EU law.
Those rules make it practically impossible or excessively difficult to claim damages for continuous anti-competitive practices.
Press Release 67/24: Judgment of the General Court in Case T 255/23 | Escobar v EUIPO (Pablo Escobar)
The name Pablo Escobar may not be registered as an EU trade mark.
The public would associate that name with drug trafficking and narco-terrorism.
ECJ Newsletter (Weeks XVI – XVII 2024)
Press Release 65/24: Advocate General’s Opinion in Case C 600/22 P | Puigdemont i Casamajó and Comín i Oliveres v Parliament
Advocate General Szpunar: the refusal by the former President of the European Parliament to recognise the status of Carles Puigdemont and Antoni Comín as Members of the European Parliament in June 2019 must be annulled.
Press Release 64/24: Advocate General’s Opinion in Joined Cases C 555/22 P, C-556/22 P and C-564/22 P | United Kingdom v Commission and Others
Advocate General Medina: The Court of Justice should annul the Commission decision finding that the United Kingdom granted illegal tax rulings (tax advantages to certain multinational groups) between 2013 and 2018.
Both the Commission and the General Court erred in law when considering that the Controlled Foreign Company (CFC) rules, instead of the general UK corporation tax system as a whole, were the correct reference framework for examining whether a selective advantage had been granted.
Press Release 63/24 in respect of Advocate General’s Opinion in Case C 768/21 | Land Hessen (Obligation of the data protection authority to act)
Protection of personal data: according to Advocate General Pikamäe, the supervisory authority has an obligation to act when it finds a breach in the course of investigating a complaint.
However, the decision as to what corrective action to take depends on the specific circumstances of each individual case.
Press release 62/24: Judgment of the General Court in Case T 411/22 | Dexia v SRB (2022 ex-ante contributions)
The calculation of the 2022 ex ante contributions to the Single Resolution Fund (SRF) is unlawful.
The Single Resolution Board (SRB) exceeded an annual upper limit imposed by the applicable rules.
Press Release 61/24: Judgments of the General Court in Cases T 301/22 | Aven v Council and T 304/22 | Fridman v Council
War in Ukraine: the General Court annuls the inclusion of Petr Aven and Mikhail Fridman on the lists of persons subject to restrictive measures between February 2022 and March 2023
The reasons given by the Council cannot be taken into account in order to place and maintain the two businessmen on those lists.
ECJ Newsletter (Weeks XV – XVI 2024)
Press release 60/24: Order of the Vice-President of the Court in Case C-639/23 P(R) | Commission v Amazon Services Europe
Online advertising: Amazon’s request to suspend its obligation to make an advertisement repository publicly available is rejected
Press release 59/24: Judicial statistics 2023: confirmation of the structural increase in litigation before the Court of Justice.
The partial transfer of preliminary ruling jurisdiction from the Court of Justice to the General Court (whose capacity has been doubled in recent years) will ensure a better balance in the workload between the two courts.
ECJ Newsletter (Week XIII – XV 2024)
Press Release 56/24: Advocate General’s Opinion in Joined Cases C 611/22 P | Illumina v Commission and C-625/22 P Grail v Commission and Illumina.
Illumina-Grail Merger: AG Emiliou proposes to set aside the General Court judgment and annul Commission decisions on referral request.
He is of the view that Member States may not request the Commission to examine a concentration which does not have a Community dimension, even where they have no competence to review such a concentration under national law.
Press Release 55/24: Advocate General’s Opinion in Case C-399/22 | Confédération paysanne (Melons and tomatoes from Western Sahara).
Advocate General Ćapeta: melons and tomatoes from the territory of Western Sahara must bear a ‘country of origin’ label reflecting their origin in that territory.
Such products may not indicate the Kingdom of Morocco as their ‘country of origin’.
Press Release 54/24: Advocate General’s Opinion in Joined Cases C 779/21 P | Commission v Front Polisario and C-799/21 P | Council v Front Polisario
Advocate General Ćapeta: the General Court erred in annulling the decision approving, on behalf of the European Union, a preferential tariff agreement with the Kingdom of Morocco relating to the territory of Western Sahara.
In spite of what the General Court found, that decision did not run contrary to the judgment of the Court in C‑104/16 P Council v Front Polisario.
Press Release 53/24: Advocate General’s Opinion in Joined Cases C 778/21 P | Commission v Front Polisario and C-798/21 P | Council v Front Polisario.
Advocate General Ćapeta: the Court of Justice should annul the Council decision concluding the Sustainable Fisheries Partnership Agreement with the Kingdom of Morocco.
In not treating the territory of Western Sahara and the waters adjacent thereto as separate and distinct from that of the Kingdom of Morocco, the Council failed to respect the right of self-determination of the people of Western Sahara.
Press Release 52/24: Judgment of the Court in Case C‑10/22 | LEA.
Italian legislation under which independent companies established in another Member State are excluded from copyright management is incompatible with EU law.
The legislation constitutes a restriction on the freedom to provide services that is neither justified nor proportionate.
Press Release 51/24: Judgment of the Court in Case C-76/23 | Cobult
Rights of airline passengers: the passenger is deemed to have accepted reimbursement of the cost of the ticket by travel voucher where, while filling in a form on the website of the air carrier, he or she has waived reimbursement of the cost of the ticket by a sum of money.
Nevertheless, it is for the air carrier to ensure that the passenger is placed in a situation where he or she is clearly informed of the means of reimbursement.
Press Release 50/24: Judgment of the Court in Case C‑61/22 | Landeshauptstadt Wiesbaden
The mandatory insertion in identity cards of two fingerprints is compatible with the fundamental rights to respect for private life and to protection of personal data.
However, since the regulation laying down that measure was adopted on an incorrect legal basis, the Court of Justice declares it invalid, while maintaining its effects until, at the latest, 31 December 2026 so that the EU legislature may adopt a new regulation on the correct legal basis.
Press Release 49/24: Judgment of the General Court in Case T 743/22 | Mazepin v Council
War in Ukraine: the General Court annuls the acts maintaining Mr Nikita Mazepin on the lists of persons subject to restrictive measures.
The family connection with his father, Russian businessperson Dmitry Mazepin, is not sufficient for him to be regarded as being linked to his father by common interests and, therefore, for him to be maintained on those lists.
ECJ Newsletter (Week XII – XIV 2024)
Press Release 48/24: Judgment of the Court in Case C 46/23 | Újpesti Polgármesteri Hivatal
Protection of personal data: the supervisory authority of a Member State may order the erasure of unlawfully processed data even in the absence of a prior request by the data subject.
Such erasure may cover data collected from that person and data originating from another source.
Press Release 47/24: Judgment of the Court in Case C 516/22 | Commission v United Kingdom (Judgment of the Supreme Court)
The United Kingdom has infringed EU law as a result of a judgment of its Supreme Court.
Infringement proceedings against the United Kingdom for possible breaches of EU law committed before the end of the transition period (31 December 2020) are possible in the four years following that date.
Press Release 46/24: Judgment of the Court in Case C 291/22 P | D & A Pharma v Commission and EMA
Marketing authorisations for medicinal products: the European Medicines Agency (EMA) must ensure that the experts it consults do not have a conflict of interest.
The EMA cannot avoid this obligation of objective impartiality by requiring the applicant to prove the bias of the committee member concerned.
ECJ Newsletter (Week XI – XII 2024)
Press Release 45/24: Advocate General’s Opinion in Case C 652/22 | Kolin Inşaat Turizm Sanayi ve Ticaret
AG Collins: only economic operators established in countries party to international agreements on public contracts that bind the EU may rely on provisions of the Public Procurement Directive.
Press Release 44/24: Judgment of the Court in Case C‑604/22 | IAB Europe
Auctioning of personal data for advertising purposes: the Court of Justice clarifies the rules under the GDPR.
Press Release 43/24: Judgment of the General Court in Case T‑647/22 | Puma v EUIPO – Handelsmaatschappij J. Van Hilst (Shoes)
The prior disclosure of a Puma shoe model by the artist Rihanna results in the invalidity of a registered Community design.
The General Court upholds the decision of the European Union Intellectual Property Office (EUIPO).
Press Release 42/24: Judgment of the Court in Case C 755/21 P | Kočner v Europol
Data processing: Europol and the Member State in which damage has occurred arising from unlawful data processing carried out in the context of cooperation between Europol and that Member State are to be jointly and severally liable for that damage.
Press Release 41/24: Judgment of the Court in Case C‑588/21 P | Public.Resource.Org and Right to Know v Commission and Others
The European harmonised technical standards on the safety of toys should be accessible to EU citizens
The Court annuls the Commission’s decision refusing access to those standards and sets aside the judgment of the General Court upholding that refusal.
Press Release 40/24: Judgment of the Court in Case C-234/21 | Défense Active des Amateurs d’Armes and Others
Prohibition of semi-automatic weapons: Member States wishing to maintain previous authorisations for those weapons may also provide for this concerning weapons converted to fire blank ammunition
ECJ Newsletter (Week X – XI 2024)
Press Release 38/24: Judgment of the Court in Case C-222/22 | Bundesamt für Fremdenwesen und Asyl (Subsequent religious conversion).
An asylum application based on a religious conversion taking place subsequently to the departure from a person’s country of origin may not be rejected automatically as abuse.
Press Release 37/24: Judgment of the Court in Case C-606/21 | Doctipharma
Distance selling of medicinal products without a prescription: the Court clarifies the conditions under which a Member State may prohibit a service connecting pharmacists and customers for the online sale of medicinal products.
Press Release 36/24: Judgments of the General Court in Cases T 7/19 | Scandlines Danmark and Scandlines Deutschland v Commission, T-364/20 | Denmark v Commission and T-390-20 | Scandlines Danmark and Scandlines Deutschland v Commission.
State aid: the General Court dismisses the actions regarding the financing of the Fehmarn Belt fixed link project between Denmark and Germany.
ECJ Newsletter (Week IX – X 2024)
Press Release 35/24: Advocate General’s Opinion in Case C‑693/22 | I. (Sale of a database)
According to Advocate General Priit Pikamäe, a database containing personal data may, under certain conditions, be sold in enforcement proceedings, even if the data subjects have not consented to the sale.
This is the case where the processing of data associated with such a sale is necessary and proportionate in a democratic society to ensure the enforcement of a civil law claim.
Press Release 34/24: Judgment of the Court in Case C‑54/22 P | Romania v Commission
The decision to register partially the European Citizens’ Initiative (ECI) ‘Cohesion policy for the equality of the regions and sustainability of the regional cultures’ is upheld following the dismissal of Romania’s appeal.
The Commission may partially register an ECI in order to encourage citizen participation in the democratic life of the European Union.
Press Release 33/24: Judgment of the Court in Case C-283/21 | Deutsche Rentenversicherung Bund
Taking into account of child-raising periods completed in another Member State when calculating a pension for total incapacity for work.
The right of free movement of EU citizens may have the effect that child-raising periods completed in another Member State must be taken into account when calculating a pension for total incapacity for work.
Press Release 32/24: Judgment of the Court in Case C‑491/21 | Direcţia pentru Evidenţa Persoanelor şi Administrarea Bazelor de Date
Citizenship: the refusal by a Member State to issue to one of its nationals, in addition to a passport, an identity card serving as a travel document, on the sole ground that he or she is domiciled in another Member State, is contrary to EU law.
That refusal restricts the right to freedom of movement within the European Union, creating a difference in treatment between citizens domiciled abroad and those domiciled in that Member State.
Press release 31/24: Judgment of the General Court in Case T-361/21 | Papouis Dairies and Others v Commission
The General Court dismisses an action brought against registration of the name ‘Halloumi’ as a protected designation of origin.
Press release 30/24: Judgment of the General Court in Case T‑536/22 | PAN Europe v Commission
Plant protection products: the identification of certain risks associated with the use of insecticides does not preclude the renewal of the approval of an active substance.
The Commission, in its capacity as risk manager, may impose risk mitigation measures in order bring such risks down to an acceptable level.
Press release 29/24: Judgment of the Court in Case C‑715/20 | X (Lack of reasons for termination)
A fixed-term worker must be informed of the reasons for the termination of his or her employment contract with a notice period where the provision of such information is required for a permanent worker.
National legislation which provides that those reasons must be provided solely to permanent workers undermines the fundamental right of a fixed-term worker to an effective remedy.
ECJ Newsletter (Weeks VIII – IX 2024)
ECJ Newsletter (Weeks VII – IX 2024)
Press release 27/24: Advocate General’s Opinion in Case C‑633/22 | Real Madrid Club de Fútbol
First Advocate General Szpunar: manifest breach of freedom of expression may constitute a ground for refusal of enforcement
According to the Advocate General, an order to pay damages the amount of which is manifestly unreasonable has a deterrent effect that affects both journalistic freedom and freedom of information.
Press release 26/24: Judgment of the Court in Case C‑216/22 | Bundesrepublik Deutschland (Admissibility of a subsequent application)
A judgment of the Court of Justice can constitute a new element justifying a fresh examination of the substance of the asylum application
Press release 25/24 : Judgment of the General Court in Case T‑146/22 | Ryanair v Commission (KLM II; COVID-19)
State aid in the context of the COVID-19 pandemic: the General Court annuls the approval of State aid from the Netherlands amounting to €3.4 billion in favour of KLM.
Where there are grounds to fear the effects on competition of an accumulation of State aid within the same group, the onus is on the Commission to exercise particular vigilance in examining the links between the companies belonging to that group.
ECJ Newsletter (Week VI – VII 2024)
Press release 24/24: Judgment of the Court in Case C‑251/22 P | Scania and Others v Commission
Cartel on the truck market: the Court dismisses Scania’s appeal.
The fine of €880.520 million imposed by the Commission on that company for its participation in the cartel is upheld.
Press release 23/24: Judgment of the General Court in Case T‑745/20 | Symphony Environmental Technologies and Symphony Environmental v Parliament and Others
Products made from oxo-degradable plastic: the General Court endorses the prohibition on the placing on the market.
The European legislature did not make a manifest error when it adopted a prohibition in line with the objective of protecting the environment and human health.
Press release 22/24: Judgment of the Court in Case C‑442/22 | Dyrektor Izby Administracji Skarbowej w Lublinie (Fraud by an employee)
VAT fraud: Employee using her employer’s details to issue fake invoices is liable for the amount of the taxes entered on them.
That is the case provided that the employer, who is a taxable person for VAT purposes, has exercised the due diligence reasonably required to monitor the conduct of its employee.
Press release 21/24: Judgment of the Court in Case C‑255/21 | Reti Televisive Italiane
Hourly limit for television publicity spots: promotional announcements for radio programmes broadcast on television channels belonging to the same corporate group are not, in principle, announcements about those television channels’ own programmes.
That is not the case where the programmes which are the subject of those promotional announcements are dissociable from the principal activity of the radio station and the television broadcaster has editorial responsibility for those programmes.
Press release 20/24: Judgment of the Court in Case C-118/22 | Direktor na Glavna direktsia „Natsionalna politsia“ pri MVR – Sofia
Right to erasure: the general and indiscriminate storage of biometric and genetic data of persons convicted of criminal offences, until their death, is contrary to EU law.
Press release 19/24: Judgment of the Court in Case C-560/20 | Landeshauptmann von Wien (Family reunification with a minor refugee)
A recognised unaccompanied minor refugee has the right to family reunification with his or her parents even if he or she reached the age of majority during the family reunification procedure.
In the exceptional circumstances of the case, an entry and residence permit must also be granted to that refugee’s adult sister who requires the permanent assistance of her parents on account of a serious illness.
ECJ Newsletter (Week V – VI 2024)
Press Release 18/24: Advocate General’s Opinion in Case C‑753/22 | Bundesrepublik Deutschland (effect of a decision granting refugee status)
Advocate General Medina: Member States are not bound to recognise refugee status granted in another Member State.
Where the person concerned cannot be returned to the Member State that originally granted refugee status due to a serious risk of suffering inhuman or degrading treatment there, the Member State in which that person filed a subsequent application for international protection when assessing that application should apply the principle of good administration.
Press Release 17/24: Judgment of the Court in Case C‑334/22 | Audi (Emblem support on a radiator grille)
European Union trade mark: a car manufacturer can prohibit the use of a sign identical or similar to the trade mark it owns for spare parts.
That is the case when the spare part contains a component designed to attach the manufacturer’s emblem and whose shape is similar or identical to that mark.
Press release 16/24: Judgment of the Court in Cases C‑474/22 | Laudamotion (Decision not to take a delayed flight) and C‑54/23| Laudamotion and Ryanair
Passengers who did not present themselves for boarding for a flight which arrived with a long delay or who purchased a ticket for an alternative flight and arrived at the destination with a delay of less than three hours are not entitled to fixed compensation.
In such circumstances, damage consisting in a loss of time cannot be established.
Press release 15/24: Judgment of the General Court in Case T-537/22 | Delta Sport Handelskontor v EUIPO ‑ Lego (Building block from a toy building set)
Intellectual property: the General Court of the European Union upholds the validity of the protection of the Lego toy brick.
Press release 14/24: Judgment of the General Court in Case T‑562/22 | Noah Clothing v EUIPO – Noah (NOAH)
The General Court confirms that the figurative sign NOAH may remain registered as an EU trade mark for ‘polo shirts’ and ‘sweaters’.
ECJ Newsletter (Week IV – V 2024)
Press Release 13/24: Advocate General’s Opinion in Case C‑240/22 P | Commission / Intel Corporation
Advocate General Medina: the Court should confirm that the Commission erred in applying the AEC test with respect to HP and Lenovo.
At the Court’s request, this Opinion focuses exclusively upon two of the six grounds of appeal relied upon by the Commission.
Press Release 12/24: Advocate General’s Opinion in Case C‑450/22 | Caixabank e.a. (Judicial review of transparency in a collective action)
Advocate General Medina: the transparency of ‘floor clauses’ in mortgage loan contracts can be reviewed in the context of a collective action.
That is so even in the case of an action brought against over a hundred Spanish financial institutions.
Press Release 11/24: Judgment of the Court in Case C‑451/22 | RTL Nederland and RTL Nieuws
Disaster involving flight MH17: the confidentiality of certain information concerning aviation safety is justified and proportionate.
Press Release 10/24: Judgment of the Court in Case C-218/22 | Comune di Copertino
A worker who was not able to take all of his or her days of paid annual
leave before resigning is entitled to an allowance in lieu of that leave
Member States cannot rely on reasons linked to controlling public expenditure to limit that right.
Press Release 08/24: Judgment of the Court in Case C-33/22 | Österreichische Datenschutzbehörde
A parliamentary committee of inquiry must in principle comply with the General Data Protection Regulation.
That is not the case where it in fact carries out an activity intended to safeguard national security.
Press Release 07/24: Judgment of the Court in Case C-621/21 | Intervyuirasht organ na DAB pri MS (Women who are victims of domestic violence)
Violence against women: the Court clarifies the conditions for qualifying for international protection.
ECJ Newsletter (Week III- IV 2024)
Press Release 06/24: Advocate General’s Opinion in Case C-563/22 | Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite (Refugee status – Stateless person of Palestinian origin)
Advocate General Emiliou: Palestinian applicants for refugee status can claim that UNRWA’s protection has ‘ceased’ in the light of the general living conditions prevailing in the Gaza Strip.
Applicants must not be obliged to show that they are specifically targeted or affected by those conditions due
to their personal circumstances.
Press Release 05/24: Advocate General’s Opinion in Joint Cases C-662/22 | Airbnb Ireland and C-667/22 | Amazon Services Europe, Case C-663/22 | Expedia, in Joint Cases C-664/22 | Google Ireland and C-666/22 | Eg Vacation Rentals Ireland, Case C-665/22 | Amazon Services Europe
Advocate General Szpunar: a Member State cannot impose general and abstract obligations on an online service provider operating on its territory but established in another Member State.
Press Release 04/24: Advocate General’s Opinion in Case C-48/22 P | Google and Alphabet v Commission (Google Shopping)
Advocate General Kokott proposes that the Court of Justice confirm the fine of €2.4 billion imposed on Google for favouring its own comparison shopping service.
Google, as found by the Commission and confirmed by the General Court, was leveraging its dominant position
on the market for general search services to favour its own comparison shopping service by favouring the display of its results.
Press Release 03/24: Advocate General’s Opinions in Cases C-808/21 | Commission v Czech Republic and C-814/21|Commission v Poland (Standing as a candidate and becoming a member of a political party)
Advocate General Richard de la Tour: by refusing to grant the right to become members of a political party to Union citizens who are not nationals of Poland or of the Czech Republic but who reside there, those Member States infringed EU electoral law.
Press Release 02/24: Judgment of the Court in Case C-440/22 P | Wizz Air Hungary v Commission
The Court dismisses Wizz Air’s appeal concerning the rescue aid granted by Romania to TAROM.
That aid, amounting to €36,660,000, is compatible with European Union law.
Press Release 01/24: Judgment of the Court in Case C-122/22 P | Dyson and Others v Commission
Energy labelling of vacuum cleaners: the Court of Justice definitively dismisses the action for compensation brought by Dyson.
In choosing a test using an empty reservoir, the Commission did not commit a sufficiently serious breach of EU
law such as to give rise to an entitlement to compensation.
2023
Press Release 210/23: Judgment of the Court in Case C-297/22 P | United Parcel Service v Commission
Termination of the UPS-TNT merger agreement: the irregularity committed by the Commission is not the determining cause of UPS’ alleged loss of profit and therefore cannot justify a compensation payment.
By deciding not to go ahead with acquiring TNT as soon as the decision at issue was announced, UPS broke the causal link between the Commission’s infringement and the alleged damage.
Press Release 209/23: Judgment of the Court in Case C-167/22 | Commission v Denmark (Maximum parking time)
Failure of a Member State to fulfil obligations: the Court of Justice dismisses the Commission’s action against Denmark concerning the maximum parking time on motorway lay-bys.
Press Release 208/23: Judgment of the Court in Case C-281/22 | G.K. and Others (European Public Prosecutor’s Office)
European Public Prosecutor’s Office: the Court clarifies the exercise of judicial review of cross-border investigation measures by national courts.
Press Release 207/23: Judgment of the Court in Case C-261/22 | GN (Ground for refusal based on the best interests of the child)
European arrest warrant: the surrender of a requested person cannot be refused on the sole ground that she is the mother of young children.
It is only where there are systemic or generalised deficiencies in the issuing Member State and where there is a risk of breach of the fundamental rights of the persons concerned that such a surrender may exceptionally be refused.
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Judgments 2023
https://curia.europa.eu/jcms/jcms/Jo2_7052/en/?annee=2023
Judgments 2022
https://curia.europa.eu/jcms/jcms/Jo2_7052/en/?annee=2022
Judgments 2021
https://curia.europa.eu/jcms/jcms/Jo2_7052/en/?annee=2021
Judgments 2020
https://curia.europa.eu/jcms/jcms/Jo2_7052/en/?annee=2020
Judgments 2019
https://curia.europa.eu/jcms/jcms/Jo2_7052/en/?annee=2019
Judgments 2018
https://curia.europa.eu/jcms/jcms/Jo2_7052/en/?annee=2018
Judgments 2017
https://curia.europa.eu/jcms/jcms/Jo2_7052/en/?annee=2017
Judgments 2016
https://curia.europa.eu/jcms/jcms/Jo2_7052/en/?annee=2016
Judgments 2015
https://curia.europa.eu/jcms/jcms/Jo2_7052/en/?annee=2015
