2024
Press Release 194/24: Judgments of the Court in Cases C-808/21 | Commission v Czech Republic and C-814/21 | Commission v Poland (Ability to stand for election and membership of a political party)
Citizenship of the Union: denying EU citizens residing in a Member State of which they are not nationals the right to become a member of a political party infringes EU law
By imposing such a nationality requirement, the Czech Republic and Poland do not ensure equal treatment with their nationals as regards the effective exercise of the right to stand as a candidate in municipal and European elections.
ECJ Newsletter (Weeks XLVII – XLVIII)
Press Release 193/24: Judgments of the General Court in Cases T-58/20 | NetCologne v Commission, T-64/20 | Deutsche Telekom v Commission and T-69/20 | Tele Columbus v Commission
Merger control: the General Court upholds the Commission decision authorising Vodafone’s acquisition of Liberty Global’s telecommunications activities in Germany, the Czech Republic, Hungary and Romania
The Commission properly concluded that the merging parties were not competitors in the markets for the retail supply of TV signal transmission services in Germany.
Press Release 192/24: Judgment of the General Court in Case T-82/24 | Administration of the State Border Guard Service of Ukraine v EUIPO (RUSSIAN WARSHIP, GO F**K YOURSELF)
Intellectual property: the figurative sign consisting of the phrase ‘RUSSIAN WARSHIP, GO F* *K yourself’ in Russian and English cannot be registered as an EU trade mark
That phrase, which has become a symbol of Ukraine’s fight against Russian aggression, is not perceived as an indication of a commercial origin.
Press Release 191/24: Judgment of the General Court in Case T-426/23 | Chiquita Brands v EUIPO – Compagnie financière de participation (Representation of a blue and yellow oval)
The General Court confirms that Chiquita Brands’s blue and yellow oval is not eligible for protection as an EU trade mark in respect of fresh fruits
ECJ Newsletter (Weeks XLVI – XLVII)
Press Release 190/24: Formal sitting of the Court of Justice
Solemn undertaking before the Court of Justice of the European Union given by three new Members of the European Court of Auditors.
Press Release 189/24: Advocate General’s Opinion in Case C-460/23 | [Kinsa]
Facilitation of unauthorised entry carried out for a humanitarian purpose: Advocate General Richard de la Tour finds that Directive 2002/90 validates, and clarifies the conditions for, the criminalisation of that offence in EU law and national law
Directive 2002/90 is consistent with the principle of the legality and proportionality of criminal offences and penalties. It is for the national court to ensure that the penalties applicable to persons who have acted in a disinterested manner are proportionate, if those persons are not exonerated from criminal liability.
Press Release 188/24: Judgment of the Court in Case C-126/23 | [Burdene]
Compensation to victims of violent intentional crime: the automatic exclusion of certain family members of the victim of homicide does not guarantee ‘fair and appropriate’ compensation
Factors other than family ties alone must be taken into account, such as the extent of the harm suffered by the excluded family members.
Press Release 187/24: Judgment of the General Court in Case T 827/22 | Wizz Air Hungary v Commission (TAROM II; Covid-19).
State aid: the General Court dismisses an action brought by Wizz Air in respect of aid granted by Romania to national airline TAROM in order to provide compensation for the damage suffered owing to the COVID-19 pandemic
That aid, amounting to almost €2 million, is compatible with the internal market.
Press Release 186/24: Judgment of the General Court in Cases T-386/21 | Crédit agricole and Crédit agricole Corporate and Investment Bank v Commission and T-406/21 | UBS Group and Credit Suisse Securities (Europe) v Commission
The banks Crédit agricole and Credit Suisse participated in a cartel in the sector for suprasovereign bonds, sovereign bonds and public agency bonds denominated in US dollars (‘SSA Bonds’)
The General Court of the European Union confirms the Commission’s finding of an infringement and maintains the amount of the fines imposed in 2021.
ECJ Newsletter (Weeks XLIV – XLV)
Press Release 185/24: Judgment of the Court in Case C 240/22 P | Commission v Intel Corporation
The Court of Justice upholds the annulment by the General Court of the Commission’s decision finding an abuse of a dominant position on the part of Intel and imposing a fine of €1.06 billion on Intel.
Press Release 184/24: Judgment of the Court in Case C-227/23 | Kwantum Nederland and Kwantum België
Intellectual property: Member States are required to protect works of art in the European Union, irrespective of the country of origin of those works or the nationality of their author.
Press Release 183/24: Judgment of the Court in Case C-652/22 | Kolin Inşaat Turizm Sanayi ve Ticaret
Economic operators from a third country which has not concluded an international agreement on public procurement with the European Union cannot claim equal treatment in this area.
ECJ Newsletter (Weeks XLIII – XLIV)
Press Release 182/24: Judgment of the Court in Case C-76/22 | Santander Bank Polska
Early repayment of a mortgage loan: the consumer can recover part of the commission linked to the granting of credit if he or she has not been informed that this commission is not dependent of the duration of the contract
The same applies if the consumer has paid that commission in a single instalment when concluding the mortgage agreement
Press Release 181/24: Judgment of the Court in Case C-159/23 | Sony Computer Entertainment Europe
The Directive on the legal protection of computer programs does not allow the holder of that protection to prohibit the marketing by a third party of software which merely changes variables transferred temporarily to a game console’s RAM
Press Release 180/24: Election of two Presidents of Chambers of the General Court of the European Union.
Press Release 179/24: Partial transfer of jurisdiction from the Court of Justice to the General Court: creation within the General Court of a Chamber specialising in preliminary ruling cases, and election of Advocates General
Press Release 178/24: Mr Maciej Szpunar is re-elected First Advocate General of the Court of Justice.
Following the partial renewal of the membership of the Court of Justice, Mr Maciej Szpunar has been re-elected First Advocate General of the Court of Justice by his peers for the period from 8 October 2024 to 6 October 2027.
Press Release 177/24: Election of the Presidents of the Chambers of five Judges of the Court of Justice.
Following the partial renewal of the membership of the Court of Justice, the Judges of the Court have elected from among their number the Presidents of the Chambers of five Judges.
Press Release 176/24: Mr Thomas von Danwitz is elected Vice-President of the Court of Justice of the European Union.
Following the partial renewal of the membership of the Court of Justice, [i] Mr Thomas von Danwitz has been elected Vice-President of the Court of Justice of the European Union for the period from 8 October 2024 to 6 October 2027. He succeeds Mr Lars Bay Larsen
Press Release 174/24: Partial renewal of the Court of Justice and entry into office of new Members of the General Court.
Partial renewal of the Court of Justice and entry into office of new Members of the General Cour.
ECJ Newsletter (Weeks XLI – XLII)
Press Release 173/24: Judgment of the Court in Joined Cases C 541/20 to C 555/20 | Lithuania and Others v Parliament and Council (Mobility Package)
The Court broadly confirms the validity of the Mobility Package
However, it annuls the obligation requiring vehicles to return every eight weeks to the operational centre of the transport undertaking, since the EU legislature has not established that it had sufficient information to enable it to assess the proportionality of that measure
Press Release 172/24: Judgment of the Court in Case C-650/22 | FIFA
Football: some FIFA rules on international transfers of professional footballers are contrary to EU law
Those rules hinder the free movement of players and competition between clubs
Press Release 171/24: Judgment of the Court in Case C-548/21 | Bezirkshauptmannschaft Landeck (Attempt to access personal data stored on a mobile telephone)
Access by the police to data contained in a mobile telephone is not necessarily limited to the fight against serious crime
It presupposes, however, prior authorisation by a court or an independent authority and must be proportionate
Press Release 170/24: Judgments of the Court in Joined Cases C-778/21 P and C-798/21 P | Commission and Council v Front Polisario and in Joined Cases C-779/21 P and C-799/21 P | Commission and Council v Front Polisario
Western Sahara: the 2019 EU-Morocco trade agreements regarding fisheries and agricultural products, to which the people of Western Sahara did not consent, were concluded in breach of the principles of self-determination and the relative effect of treaties
However, the expression of the consent of that people to an agreement which is to apply to the territory of Western Sahara need not necessarily be explicit but may, under certain conditions, be presumed
Press Release 169/24: Judgment of the Court in Case C-399/22 | Confédération paysanne (Melons and tomatoes from Western Sahara)
Consumer information: the labelling of melons and tomatoes harvested in Western Sahara must refer to that territory, and not Morocco, as the country of origin
Any other indication would be deceptive and could mislead consumers
Press Release 168/24: Judgment of the Court in Case C-438/23 | Protéines France and Others
Food labelling: where no legal name has been adopted, a Member State may not prohibit the use of terms traditionally associated with products of animal origin to designate a product containing vegetable proteins
The full harmonisation provided for by the European framework for consumer information also precludes measures determining levels of vegetable proteins below which the use of names, other than legal names, consisting of such terms for foods containing vegetable proteins remains authorised
Press Release 167/24: Judgment of the Court in Joined Cases C-608/22 and C-609/22 | Bundesamt für Fremdenwesen und Asyl and Others (Afghan women)
Discriminatory measures adopted in respect of women by the Taliban regime constitute acts of persecution
When carrying out an individual assessment of the application for asylum of a woman of Afghan nationality, a Member State is entitled to take into consideration her gender and nationality alone
Press Release 166/24: Judgment of the Court in Case C-446/21 | Schrems (Communication of data to the general public)
An online social network such as Facebook cannot use all of the personal data obtained for the purposes of targeted advertising, without restriction as to time and without distinction as to type of data
The fact that Mr Maximilian Schrems has made a statement about his sexual orientation on the occasion of a public panel discussion does not authorise the operator of an online social network platform to process other data relating to his sexual orientation, obtained, as the case may be, outside that platform, with a view to aggregating and analysing those data, in order to offer him personalised advertising
Press Release 165/24: Advocate General’s Opinion in Case C-181/23 | Commission v Malta (Citizenship by investment)
AG COLLINS: The Commission has failed to prove that EU rules on citizenship (Article 20 TFEU) require that a ‘genuine link’ or ‘prior genuine link’ between a Member State and an individual must exist in order for it to grant citizenship
Press Release 163/24: Advocate General’s Opinion in Case C-365/23 | [Arce]
According to Advocate General Rantos, a contractual term requiring a young sportsman to transfer part of his income if he becomes a professional athlete may potentially be unfair, provided that it is shown that that term creates a significant imbalance in the rights and obligations arising under the contract
A contract concluded between a young sportsman and an undertaking helping to develop his sports career falls, in principle, within the scope of the directive on the protection of consumers against unfair terms
Press Release 162/24: Judgment of the Court in Case C-406/22 | Ministerstvo vnitra České republiky, Odbor azylové a migrační politiky
Asylum policy: the designation of a third country as a safe country of origin must cover its entire territory
The national court examining the lawfulness of an administrative decision refusing to grant international protection must raise the failure to take account of the rules of EU law on the designation of a third country as a safe country of origin
Press Release 161/24: Judgment of the Court in Case C-585/22 | Staatssecretaris van Financiën (Interest in respect of an intra-group loan)
Combatting tax fraud: national legislation which limits the deduction of interest paid in respect of an intra-group loan is compatible with EU law
Press Release 160/24: Judgment of the Court in Case C-240/23 | Herbaria Kräuterparadies II
Labelling of organic products: a foodstuff imported from a third country may bear the organic production logo of the European Union only if that foodstuff complies with all the requirements of EU law
That is the case even if the production rules of the third country are recognised as equivalent to those laid down by EU law, although such a foodstuff may nonetheless bear the organic production logo of that third country
Press Release 159/24: Judgment of the Court in Case C-21/23 | Lindenapotheke
GDPR: Member States may make provision for competitors of the person allegedly responsible for an infringement of the laws protecting personal data to challenge that infringement in court as a prohibited unfair commercial practice
The online sale of pharmacy-only medicinal products requires the explicit consent of the customer to the processing of his or her data, even where those medicinal products do not require a prescription
Press Release 158/24: Judgment of the Court in Case C-4/23 | [Mirin]
The refusal of a Member State to recognise the change of first name and gender lawfully acquired in another Member State is contrary to the rights of EU citizens
Press Release 157/24: Judgments of the Court of Justice in Joined Cases C-29/23 P | Ferriera Valsabbia and Valsabbia Investimenti v Commission and C-30/23 P | Alfa Acciai v Commission and in Case C-31/23 P | Ferriere Nord v Commission
Competition: the Court of Justice rules on the cartel on the Italian market for concrete reinforcing bars
It confirms the fines imposed by the Commission, with the exception of that imposed on Ferriere Nord SpA
Press Release 156/24: Judgment of the Court in Case C-581/22 P | thyssenkrupp v Commission
Competition: the Court upholds the decision of the European Commission prohibiting the proposed merger between thyssenkrupp and Tata Steel
The Court thereby upholds the judgment of the General Court of 22 June 2022
Press Release 155/24: Judgments of the General Court in Cases T-797/22 | Ordre néerlandais des avocats du barreau de Bruxelles and Others v Council, T-798/22 | Ordre des avocats à la cour de Paris and Couturier v Council and T-828/22 | ACE v Council
Restrictive measures in response to the war in Ukraine: the prohibition on providing legal advisory services to the Russian Government and to entities established in Russia is valid
The General Court confirms the importance of the fundamental right of all persons to be advised by a lawyer for the purposes of conducting, pre-empting or anticipating judicial proceedings and finds that the prohibition at issue does not call that right into question
Press Release 154/24: The rules on the transfer from the Court of Justice to the General Court of part of the jurisdiction to give preliminary rulings become applicable.
ECJ Newsletter (Weeks XL – XLI)
Press Release 153/24: Information Visit to the Court of Justice of the European Union by a delegation from the Supreme Court of the United States of America as part of the ‘Luxembourg Forum’
Press Release 152/24: Judgment of the Court in Case C-330/23 | Aldi Süd
A price reduction announced in an advertisement must be calculated on the basis of the lowest price in the last 30 days.
Press Release 151/24: Judgment of the Court in Case C-600/22 P | Puigdemont i Casamajó and Comín i Oliveres v Parliament
The Court of Justice definitively dismisses the action brought by Mr Puigdemont and Mr Comín against the refusal of the President of the European Parliament
to recognise their status as Members of the European Parliament in June 2019.
Press Release 150/24: Judgment of the Court in Case C-792/22 | Energotehnica
Right to an effective remedy: a national court is not required to apply a decision of its constitutional court that infringes EU law
In such a case, the national court may not be penalised.
Press Release 149/24: Judgment of the Court in Case C-768/21 | Land Hessen (Obligation of the data protection authority to act)
Personal data protection: the supervisory authority is not obliged to exercise a corrective power in all cases of breach and, in particular, to impose a fine
It may refrain from doing so where the controller has already taken the necessary measures on its own initiative.
Press Release 148/24: Judgment of the General Court in Case T-483/21 | Polskie sieci elektroenergetyczne v ACER
Electricity transmission: the General Court clarifies the scope of compulsory regional coordination with regard to the operational security of electricity transmission systems
ACER’s decision on the matter does not infringe the powers of the system operators
Press Release 147/24: Judgments of the General Court in Cases T-446/21 | CRE v ACER, T-472/21 | RTE v ACER, T-476/21 | TransnetBW v ACER, T-482/21 | TenneT TSO & TenneT TSO BV v ACER, T-484/21 | PSE v ACER and T-485/21 | BNetzA v ACER
Electricity transmission: the General Court annuls the decision of the Board of Appeal of ACER in so far as ACER could not derogate from the applicable legal framework when adopting the methodology for cost sharing of redispatching and countertrading for the Core region
The General Court has also clarified the legal criteria governing the determination of the scope of that methodology and other aspects thereof
ECJ Newsletter (Weeks XXXIX – XXXX 2024)
Press Release 146/24: Judgment of the Court in Joined Cases C-512/22 P | Fininvest v ECB and Others and C-513/22 P | Berlusconi v ECB and Others.
Prudential supervision of credit institutions: the Court annuls the 2016 ECB decision refusing the acquisition of a qualifying holding in Banca Mediolanum by Silvio Berlusconi.
The ECB could not lawfully oppose Mr Berlusconi’s ownership of a qualifying holding in Banca Mediolanum, as that situation resulted only from the interested party having continued to own a qualifying holding which he had acquired prior to the transposition of the provisions of EU law on which the ECB had relied.
Press Release 145/24: Judgment of the Court in Case C-264/23 | Booking.com and Booking.com (Deutschland)
Online accommodation reservation platforms: price parity clauses cannot, in principle, be classified as ‘ancillary restraints’ for the purposes of EU competition law.
Press Release 144/24: Judgment of the Court in Joined Cases C-555/22 P | United Kingdom and Others v Commission, C-556/22 P | ITV v Commission and Others and C-564/22 P | LSEGH (Luxembourg) and London Stock Exchange Group Holdings (Italy) v Commission.
The Court annuls the Commission decision finding certain United Kingdom rules on the taxation of controlled foreign companies (CFCs) to be State Aid incompatible with the internal market and sets aside the judgment of the General Court confirming that decision
The Commission and the General Court erred in law in finding that the rules applicable to CFCs constituted the appropriate reference framework for examining whether a selected advantage had been conferred.
Press Release 143/24: Judgment of the General Court in Case T-334/19 | Google and Alphabet v Commission (Google AdSense for Search)
Google AdSense: The General Court annuls the Commission’s decision
The General Court upholds the majority of the Commission’s findings but annuls the decision by which the Commission imposed a fine of almost €1.5 billion on Google, on the ground inter alia that it failed to take into consideration all the relevant circumstances in its assessment of the duration of the contract clauses that the Commission had deemed abusive.
Press Release 142/24: Judgment of the General Court in Case T-671/19 | Qualcomm v Commission
Abuse of a dominant position: the General Court largely upholds the fine imposed on Qualcomm
The General Court sets the amount of the fine at approximately € 238.7 million as opposed to the € 242 million imposed by the Commission
ECJ Newsletter (Weeks XXXVIII – XXXIX 2024)
Press Release 141/24: Judgment of the Court in Case C-557/23 | SPAR Magyarország.
Markets for agricultural products: Hungarian legislation requiring traders to offer for sale certain agricultural products at a fixed price and in predetermined quantities is contrary to EU law.
That legislation prevents traders, without appropriate justification, from freely setting the selling prices and the quantities offered for sale of those products on the basis of economic considerations.
Press Release 140/24: Judgments of the General Court in Cases T-635/22 | Fridman and Others v Council and T-644/22 | Timchenko and Timchenko v Council.
Economic sanctions against Russia: the Council has the power to establish reporting and cooperation obligations to ensure the effectiveness of fund-freezing measures.
The need for action to counteract legal and financial arrangements facilitating the circumvention of restrictive measures justifies such obligations.
Press Release 139/24: Judgment of the General Court in Case T-793/22 | TU v Parliament.
The European Parliament infringed certain protection rules relating to the status as an informant of a parliamentary assistan
By confining itself to relieving the person concerned of his duties, the Parliament did not take all the measures necessary to ensure that he had balanced and effective protection against any form of retaliation.
Press Release 138/24: Judgment of the General Court in Case T-386/19 | CQ v Court of Auditors.
The General Court of the European Union rules for the first time on the financial consequences of alleged irregularities with regard to a former Member of the European Court of Auditors.
The General Court largely upholds the decision by the Court of Auditors to recover expenditure considered to be undue.
Press Release 137/24: Judgment of the General Court in Case T-494/22 | NSD v Council.
War in Ukraine: the General Court confirms the restrictive measures adopted against the Russian finance company NSD.
The national authorities implementing the restrictive measures must ensure that the interference with the right to property of the customers of an undertaking subject to those measures complies with the Charter.
Press Release 136/24: Judgment of the Court in Case C-351/22 | Neves 77 Solutions.
Restrictive measures against Russia: the confiscation of the entire proceeds of a brokering transaction covered by the prohibition on providing brokering services for military equipment is permitted.
In addition, the Court has jurisdiction to interpret a measure of general scope of a CFSP decision which should have been implemented in a regulation and which forms the basis for a national sanction.
Press Release 135/24: Judgment of the Court in Case C-48/22 P | Google and Alphabet v Commission (Google Shopping).
The Court of Justice upholds the fine of €2.4 billion imposed on Google for abuse of its dominant position by favouring its own comparison shopping service.
The appeal lodged by Google and Alphabet is dismissed.
Press Release 134/24: Judgment of the Court in Joined Cases C-29/22 P | KS and KD v Council and Others and C-44/22 P | Commission v KS and Others.
Common foreign and security policy (CFSP): the Court of Justice clarifies the scope of the jurisdiction of the Courts of the European Union.
The Court of Justice has jurisdiction, in that context, to assess the legality of acts or omissions which are not directly linked to political or strategic choices coming under that policy or to interpret them.
Press Release 133/24: Judgment of the Court in Case C-465/20 P | Commission v Ireland and Others.
Tax rulings: the Court of Justice sets aside the judgment of the General Court concerning tax rulings issued by Ireland in favour of Apple.
The Court of Justice gives final judgment in the matter and confirms the European Commission’s 2016 decision: Ireland granted Apple unlawful aid which Ireland is required to recover.
Press Release 132/24: Advocate General’s Opinion in Case C 233/23 | Alphabet e.a.
AG Medina: Google’s refusal to provide third-party access to Android Auto platform may be in breach of competition rules
Press Release 131/24: Judgment of the Court in Joined Cases C 498/22 to C 500/22 | Novo Banco and Others
A failure to publish reorganisation measures in respect of a credit institution does not lead to those measures being invalid or their effects being unenforceable in another Member State
Press Release 130/24: Judgment of the Court in Case C 603/22 | M.S. and Others (Procedural rights of a child)
Fair trial: minors subject to criminal proceedings must have the practical and effective opportunity to be assisted by a lawyer
Such assistance must be offered at the latest by the time they are first questioned by the police
Press Release 129/24: Judgment of the Court in Case C 109/23 | [Jemerak]
A notary does not breach the sanctions against Russia when he or she authenticates the sale of a property owned by an unlisted Russian company
By authentication, a notary does not provide legal advisory services, but acts independently and impartially in the context of a function entrusted to him or her by the State
Press Release 128/24: Judgments of the General Court in Cases T 381/15 RENV II and T 509/21 | IMG v Commission
Indirect management of the EU budget: according to the General Court, the Commission’s decision refusing to recognise IMG as having status as an international organisation is lawful
The Court considers, in the light of international law, that the signatories to the 1994 resolution creating that entity did not intend to establish an international organisation
Press Release 127/24: Judgment of the Court in Joined Cases C 611/22 P | Illumina v Commission and C 625/22 P | Grail v Commission and Illumina.
Illumina-Grail merger: the Court of Justice sets aside the judgment of the General Court and annuls the decisions by which the Commission accepted requests from national competition authorities seeking the examination of the proposed concentration
The Commission is not authorised to encourage or accept referrals of proposed concentrations without a European dimension from national competition authorities where those authorities are not competent to examine those proposed concentrations under their own national law.
Press Release 126/24: Important amendments to the Rules of Procedure of the Court of Justice and of the General Court enter into force on 1 September.
Important amendments to the Rules of Procedure of the Court of Justice and of the General Court enter into force on 1 September
The new rules implement the amendments to the Statute of the Court of Justice of the European Union and modernise the procedures before the two courts.
CP240126EN CP240126EN CP240126EN
ECJ Newsletter (Weeks XXXVI – XXXVII 2024)
Press Release 124/24: Judgment of the Court in Case C-14/23 | Perle
Authorisation to reside on the territory of a Member State for the purposes of studies: a Member State may reject an abusive application for authorisation, even if it has not correctly transposed the directive that provides for that option.
The prohibition of abusive practices is a general principle of EU law, the application of which is not subject to a requirement of transposition.
Press Release 123/24: Judgment of the Court in Case C-298/22 | Banco BPN/BIC Português and Others
The exchange of information over a period of more than ten years between 14 credit institutions in Portugal could constitute a restriction of competition by object.
It is ultimately for the Portuguese competition court to determine whether that is the case.
Press Release 122/24 : Judgment of the Court of Justice in Case C 591/21 P | Ryanair and Laudamotion v Commission
COVID-19: the Court of Justice confirms the lawfulness of the subordinated loan of €150 million granted by Austria to Austrian Airlines in the summer of 2020.
The Court definitively dismisses the action brought by Ryanair and Laudamotion against the Commission’s approval of that aid measure.
Press Release 121/24: Judgment of the Court in Case C 774/22 | FTI Touristik (International element)
A consumer having booked a trip abroad may sue the organiser before the court of the place of his or her domicile.
This is also true where the consumer and the organiser are domiciled in the same Member State.
Press Release 120/24: Judgment of the Court in Joined Cases C 771/22 and C-45/23 | HDI Global and MS Amlin Insurance
Covid-19: the security against a package travel organiser’s insolvency also applies where the traveller has cancelled the trip, prior to the insolvency, due to unavoidable and extraordinary circumstances.
Press Release 119/24: Judgment of the Court in Case C 623/22 | Belgian Association of Tax Lawyers and Others
Combating aggressive tax planning: the Court upholds the validity of various provisions of the EU directive.
Press Release 118/24: Judgment of the Court in Case C-436/22 | ASCEL
The wolf cannot be designated as a huntable species at regional level when its conservation status at national level is unfavourable.
That is true even in cases where the wolf does not enjoy strict protection in the region concerned in accordance with the Habitats Directive, since species management measures, such as hunting, must in any event be designed to maintain or restore species at a favourable conservation status.
Press Release 117/24: Judgment of the Court in Case C-202/24 | [Alchaster]
Arrest warrants issued by the United Kingdom: the Court clarifies the conditions under which they may be executed in the European Union.
Press Release 116/24: Judgment of the Court in Case C 119/23 | Valančius
Appointment of EU Judges: A Member State may propose, from among the candidates named on a list drawn up by a national group of independent experts, a candidate other than the best-ranked candidate on that list, provided that the candidate proposed satisfies the requirements laid down by the Treaties.
Press Release 115/24: Judgment of the Court of Justice in Joined Cases C 112/22 CU and C 223/22 ND| (Social assistance – Indirect discrimination)
Social assistance: access for third-country nationals who are long-term residents to a social security, social assistance or social protection measure cannot be made conditional on the requirement of having resided in a Member State for at least 10 years.
ECJ Newsletter (Weeks XXX – XXXI 2024)
Press Release 114/24: Judgment of the General Court in Case T 1077/23 | Bytedance v Commission
Digital Markets Act: The General Court dismisses the action brought by Bytedance (TikTok) against the decision of the Commission designating it as a gatekeeper.
Press Release 113/24: Judgments of the General Court in Cases T-689/21 | Auken and Others v Commission and T-761/21 | Courtois and Others v Commission
The Commission did not give the public sufficiently wide access to the purchase agreements for Covid-19 vaccines
That infringement concerns, inter alia, those agreements’ provisions on indemnification, and concerns the declarations that there was no conflict of interest on the part of the members of the team who negotiated the purchase of the vaccines.
Press Release 112/24: Judgment of the Court in Case C-196/23
The collective redundancies directive also applies in the event of the employer’s retirement
Press Release 111/24: Judgment of the Court in Case C-601/22
The prohibition of hunting wolves in Austria is valid
A derogation from that prohibition to prevent economic damage is only to be granted if the wolf population is at a favourable conservation status, which is not the case in Austria
Press Release 110/24: Judgment of the Court in Joined Cases C-554/21
Rule of law: only the judicial panel responsible for a case can decide its
outcome
ECJ Newsletter (Weeks XXVIII – XXIX 2024)
Press Release 109/24: Judgment of the Court in Case C-450/22 | Caixabank and Others (Review of Transparency in Collective Actions)
Mortgage loans: the transparency of ‘floor’ clauses may be reviewed in the context of a collective action concerning the entire banking system of a country
In its review, the court may take account of changes in the perception of the average consumer in relation to those clauses
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
