No 174/2012
: 19 December 2012
VISA
A Palestinian who has been forced to leave the UNRWA area of operations in which he is no longer able to benefit from assistance provided by that agency may qualify as a refugee without being required to show fear of persecution
No 173/2012
: 19 December 2012
Approximation of laws
EU public procurement law prohibits national legislation which authorises the conclusion between public entities, without an invitation to tender, of cooperation contracts which do not implement a common public task and are capable of creating a privileged position for a possible private service provider
No 172/2012
: 19 December 2012
Common foreign and security policy
Advocate General Cruz Villalón proposes that the Court of Justice should set aside the orders of the General Court dismissing the applications of Mr Gbagbo and others targeted by restrictive measures against Côte d’Ivoire
No 171/2012
: 19 December 2012
Law governing the institutions
A number of financial penalties imposed on Ireland for failure to comply with two judgments of the Court concerning the environment
No 170/2012
: 19 December 2012
Competition
The Court of Justice confirms the fines of €198 million and of €20.71 million imposed respectively on Heineken and on Bavaria NV for their participation in a cartel on the Dutch beer market
No 169/2012
: 13 December 2012
Transport
According to Advocate General Jääskinen, five Member States have failed to fulfil their obligations under the rail transport directives
No 168/2012
: 13 December 2012
Law governing the institutions
The Court annuls the votes of the European Parliament concerning the Parliament’s calendar of periods of part-sessions for 2012 and 2013
No 167/2012
: 13 December 2012
Principles of Community law
The Luxembourg legislation on recruitment subsidies appears to be contrary to the free movement of workers
No 166/2012
: 13 December 2012
COJC
EU law governs exhaustively the requirements to be met by an application for a European order for payment
No 165/2012
: 12 December 2012
Competition
The General Court upholds a fine of €20 million imposed on Electrabel for having put a concentration into effect before notifying it
No 164/2012
: 12 December 2012
Freedom to provide services
Advocate General Jääskinen proposes that the Court dismiss FIFA and UEFA’s appeals against the judgments of the General Court concerning the television broadcasting of the Football World Cup and the European Championships
No 163/2012
: 11 December 2012
Intellectual and industrial property
Advocate General Bot proposes that the Court dismiss the actions brought by Spain and Italy against the Council’s decision authorising enhanced cooperation in the area of the unitary patent
No 162/2012
: 11 December 2012
Law governing the institutions
On account of failure to comply with a judgment of the Court, Spain is ordered to pay a lump sum of €20 million and a daily penalty payment of €50 000 from today until that judgment is complied with
No 161/2012
: 6 December 2012
Principles of Community law
A social plan may provide for a reduction in redundancy compensation paid to workers approaching retirement age
No 160/2012
: 6 December 2012
VISA
The directive on the return of illegal immigrants does not preclude a Member State from punishing an irregular stay with a fine which may, under certain conditions, be replaced by an expulsion order
No 159/2012
: 6 December 2012
Competition
The Court of Justice sets aside, in relation to Coppens, the judgment of the General Court concerning the cartel on the Belgian international removals market
No 158/2012
: 6 December 2012
Competition
The Court dismisses the appeal of the AstraZeneca group, which abused its dominant position by preventing the marketing of generic products replicating Losec
No 157/2012
: 4 December 2012
1952-2012: Sixtieth Anniversary of the Court of Justice of the European Union
No 156/2012
: 29 November 2012
Law governing the institutions
The ECB was entitled to refuse access to two documents relating to the economic situation in Greece
No 155/2012
: 28 November 2012
Entry into office of a new Advocate General to the Court of Justice
No 154/2012
: 27 November 2012
Economic policy
The Court of Justice approves the European stability mechanism (ESM)
No 153/2012
: 27 November 2012
Law governing the institutions
Publication in three languages of notices of EU competitions and the obligation to take the selection tests in one of those languages amount to discrimination on the ground of language
No 152/2012
: 22 November 2012
Social policy
Spanish legislation on contributory retirement pensions for part-time workers is discriminatory
No 151/2012
: 22 November 2012
Transport
A passenger can claim compensation from an air carrier for the loss of his belongings if they are in baggage checked in in the name of another passenger on the same flight
No 150/2012
: 22 November 2012
Transport
The time-limits for bringing actions for compensation for flight cancellation are determined in accordance with the national rules of each Member State
No 149/2012
: 22 November 2012
Transport
Rail passengers must be given information on delays to or cancellations of trains which are main connecting services, whichever railway undertaking operates them
No 148/2012
: 22 November 2012
Competition
The Court of Justice confirms that E.ON Energie AG must pay a fine of €38 million for breaking a seal during an inspection relating to a competition law investigation
No 147/2012
: 15 November 2012
Common foreign and security policy
The Court of Justice sets aside the judgment of the General Court which annulled the inclusion of Al-Aqsa in the list of persons and entities whose funds have been frozen
No 146/2012
: 15 November 2012
Common foreign and security policy
The Court of Justice sets aside the judgment of the General Court annulling the European Union acts freezing Ms Bamba’s funds
No 145/2012
: 15 November 2012
Law governing the institutions
Advocate General Cruz Villalón proposes that the Court of Justice should set aside the judgment of the General Court by which that court ordered the Commission to pay Systran a lump-sum amount of €12 million as compensation for the material damage sustained by it
No 144/2012
: 13 November 2012
Freedom to provide services
Application of the imputation method to foreign-sourced dividends as prescribed by the UK tax regime does not ensure a tax treatment equivalent to that resulting from application of the exemption method to nationally-sourced dividends
No 143/2012
: 8 November 2012
Agriculture
The General Court dismisses Hungary’s action for annulment concerning registration of the name ‘Vinohradnícka oblasť Tokaj’ in the E-Bacchus database in respect of Slovakia
No 142/2012
: 8 November 2012
Social policy
Paid annual leave may be reduced proportionally to the reduction in working time agreed to in a social plan
No 141/2012
: 8 November 2012
Free movement of capital
The Greek scheme of prior authorisation for the acquisition of voting rights in strategic public limited companies and of ex post control is contrary to the freedom of establishment
No 140/2012
: 8 November 2012
Citizenship of the Union
A third-country national who resides legally in the Member State of origin of his daughter and his spouse, while they have moved to another Member State, cannot rely on their EU citizenship in order to base his right of residence on EU law
No 139/2012
: 6 November 2012
The radical lowering of the retirement age for Hungarian judges constitutes unjustified discrimination on grounds of age
No 138/2012
: 6 November 2012
DGEN
The Charter of Fundamental Rights does not prevent the Commission from bringing an action, on behalf of the EU, before a national court for compensation for loss caused to the EU by an agreement or practice contrary to EU law
No 137/2012
: 6 November 2012
Competition
The Court dismisses Odile Jacob’s claim that the judgment of the General Court declaring Lagardère’s purchase of Vivendi Universal Publishing to be compatible with the common market should be set aside
No 136/2012
: 29 October 2012
No 135/2012
: 23 October 2012
Transport
The Court of Justice has confirmed its previous ruling that passengers whose flights have been delayed for a long time may be compensated
No 134/2012
: 18 October 2012
Social policy
EU law precludes ‘stabilisation’ of the employment relationship of public sector workers employed on a fixed-term basis which does not take account of the length of service accrued
No 133/2012
: 18 October 2012
Approximation of laws
Traders’ aggressive practices which give a false impression to the consumer that he has already won a prize, while he has to incur a certain cost in order to receive it, are prohibited
No 132/2012
: 18 October 2012
Agriculture
A milk product which cannot be classified as butter cannot be marketed under the designation ‘pomazánkové máslo’ (butter spread)
No 131/2012
: 16 October 2012
Citizenship of the Union
Slovakia did not breach EU law by refusing entry into its territory to the President of Hungary
No 130/2012
: 12 October 2012
Award of the Nobel Peace Prize to the European Union
No 129/2012
: 9 October 2012
Election of the Presidents of the Chambers of five Judges of the Court of Justice
No 128/2012
: 9 October 2012
Mr Koen Lenaerts is elected as Vice-President of the Court of Justice
No 127/2012
: 9 October 2012
Mr Vassilios Skouris is re-elected President of the Court of Justice of the European Union
No 126/2012
: 8 October 2012
Partial replacement of the Court of Justice and entry into office of a new Member of the General Court
No 125/2012
: 4 October 2012
Transport
Passengers on connected flights must be compensated when denied boarding as a result of a delay to the first flight caused by the airline
No 124/2012
: 4 October 2012
Transport
An air carrier must compensate passengers when they have been denied boarding because their flight was rescheduled as a result of a strike at the airport two days beforehand
No 123/2012
: 4 October 2012
Citizenship of the Union
Advocate General Mazak considers that the Flemish Decree on land and buildings policy is contrary to European Union law
No 122/2012
: 3 October 2012
New Rules of Procedure for the Court of Justice
No 121/2012
: 2 October 2012
Justice and Home Affairs
According to Advocate General Bot, the judicial authorities which are to execute a European arrest warrant cannot make the surrender of a person, convicted in their absence but aware of the scheduled trial, subject to a right to review the judgment in the Member State which issues the warrant
No 120/2012
: 27 September 2012
State aid
The General Court confirms the Commission’s decision categorising the French ‘contingency plans’ applied to the fruit and vegetable sector between 1992 and 2002 as unlawful State aid
No 119/2012
: 27 September 2012
VISA
The minimum conditions for the reception of asylum seekers must be granted by the Member State in receipt of an application for asylum even when it calls upon another Member State which it considers to be responsible for the examination of the application
No 118/2012
: 20 September 2012
State aid
The President of the General Court suspends the operation of the Commission decision ordering the recovery of €425 million from Greek farmers
No 117/2012
: 17 September 2012
Taking of the oath by a new judge at the General Court of the European Union
No 116/2012
: 13 September 2012
Transport
Advocate General Jääskinen proposes that Switzerland’s appeal in the ‘Zurich Airport case’ should be dismissed
No 115/2012
: 11 September 2012
State aid
The General Court annuls the Commission’s decision by which it approved all of the measures adopted by France in favour of SNCM
No 114/2012
: 11 September 2012
Approximation of laws
Irrigation and the supply of drinking water constitute overriding public interests which may, in principle, justify the diversion of a river
No 113/2012
: 6 September 2012
COJC
For a consumer to be able to sue a foreign trader before the national courts, it is not necessary that the contract at issue was concluded at a distance
No 112/2012
: 6 September 2012
Approximation of laws
Wine may not be promoted as being ‘easily digestible’
No 111/2012
: 6 September 2012
Taxation
A company which has sold goods for transport to another Member State may be refused the VAT exemption if it has failed to prove that the supply is an intraCommunity transaction
No 110/2012
: 6 September 2012
Law governing the institutions
Advocate General Mengozzi proposes that the Court annul the decision of the European Parliament concerning the calendar of parliamentary sessions for 2012 and 2013
No 109/2012
: 6 September 2012
Transport
Advocate General Jääskinen delivers his Opinions in the infringement actions brought against a number of Member States concerning rail transport
No 108/2012
: 5 September 2012
VISA
Certain forms of serious interference with the public manifestation of religion may constitute persecution for reasons of religion
No 107/2012
: 5 September 2012
Justice and Home Affairs
A Member State cannot restrict solely to its own nationals the nonexecution of a European arrest warrant with a view to enforcing in its territory a custodial sentence imposed in another Member State
No 106/2012
: 30 August 2012
Official visit of a delegation of the Court of Justice of the European Union to Cyprus
No 105/2012
: 19 July 2012
Transport
A person selling air travel may not include flight cancellation insurance as a default setting when selling air tickets over the internet
No 104/2012
: 19 July 2012
RTR
A person authorised solely to register a .eu domain name for the proprietor of a trade mark is not a ‘licensee of prior rights’
No 103/2012
: 19 July 2012
COJC
A foreign State cannot plead immunity in response to employment law proceedings brought by an employee of its embassy, where the employee carries out functions which do not fall within the exercise of public powers
No 102/2012
: 19 July 2012
External relations
The Court dismisses the Council’s appeal in an anti-dumping case concerning the Chinese company Xinanchem which specialises in the production of glyphosate
No 101/2012
: 12 July 2012
Freedom to provide services
The advertising of foreign casinos may, under certain conditions, be prohibited
No 100/2012
: 12 July 2012
Approximation of laws
Only the owners of mobile telephone infrastructure may be subject to a fee for the installation of that infrastructure on public land
No 99/2012
: 12 July 2012
Approximation of laws
The Court defines the extent of consumer protection granted in the context of credit agreements
No 98/2012
: 12 July 2012
Freedom to provide services
Where a Member State grants national companies the right to convert, the same right must also be granted to companies incorporated in another Member State
No 97/2012
: 12 July 2012
Agriculture
The directives on the marketing of vegetable seed are valid
No 96/2012
: 12 July 2012
Freedom of movement for persons
According to Advocate General Jääskinen, the obligation to draft in the language of the region all documents relating to employment relations with an international character infringes the free movement of workers
No 95/2012
: 6 July 2012
Community Trade Mark
The Royal Shakespeare Company obtains the invalidation of the Community trade mark ROYAL SHAKSPEARE which another company had registered in respect of beverages
No 94/2012
: 3 July 2012
Approximation of laws
An author of software cannot oppose the resale of his ‘used’ licences allowing the use of his programs downloaded from the internet
No 93/2012
: 29 June 2012
Competition
The fines of €553 million imposed on GDF and E.ON for sharing the French and German markets for natural gas are reduced to €320 million for each company
No 92/2012
: 28 June 2012
Law governing the institutions
The Court defines the scope of the right of access to documents of the EU institutions in the context of merger control proceedings
No 91/2012
: 28 June 2012
Approximation of laws
A pharmacist who is also authorised under national law to operate as a wholesaler in medicinal products must obtain authorisation for wholesale distribution under EU law
No 90/2012
: 28 June 2012
Approximation of laws
A step preceding a decision by a listed corporation may constitute inside information which must be disclosed to the financial markets
No 89/2012
: 27 June 2012
Competition
The General Court essentially upholds the Commission’s decision imposing a periodic penalty payment on Microsoft for failing to allow its competitors access to interoperability information on reasonable terms
No 88/2012
: 26 June 2012
According to Advocate General Cruz Villalón, the Charter of Fundamental Rights does not prevent the Commission, when it has found there to be a cartel, from claiming compensation before the national courts for loss sustained by the EU in its capacity as a customer
No 87/2012
: 21 June 2012
Social policy
A worker who becomes unfit for work during his paid annual leave is entitled at a later point in time to a period of leave of the same duration as that of his sick leave
No 86/2012
: 21 June 2012
Competition
Advocate General Bot proposes that the Court of Justice should partially annul the judgment of the General Court concerning the breaking of a seal committed by E.ON Energie during an inspection in competition matters
No 85/2012
: 21 June 2012
Taxation
The deduction of VAT cannot be refused, in principle, because of irregularities committed by the issuer of the invoice
No 84/2012
: 21 June 2012
Free movement of goods
The free movement of goods may be restricted on grounds of protection of copyright
No 83/2012
: 21 June 2012
LCP
During a transitional period of up to five years following Bulgaria's accession to the EU, the conditions of access by Bulgarian students to the labour market of another Member State may not be more restrictive than those applicable to students who are third-country nationals
No 82/2012
: 21 June 2012
State aid
The Italian scheme on realignment for tax purposes applicable to the banking sector, adopted in 2004, constitutes illegal State aid which must be repaid by the banking entities
No 81/2012
: 19 June 2012
Approximation of laws
The Court clarifies the requirements for the identification of the goods and services for which the protection of a trade mark is sought
No 80/2012
: 14 June 2012
Competition
In order to enjoy an exemption, quantitative selective distribution systems in the motor vehicle sector do not have to be based on criteria that are objectively justified and applied in a uniform and non-differentiated manner in respect of all applicants for authorisation
No 79/2012
: 14 June 2012
Freedom of movement for persons
The Netherlands legislation making funding for studies abroad subject to a residence requirement gives rise to inequality of treatment between Netherlands workers and migrant workers
No 78/2012
: 14 June 2012
VISA
EU law does not preclude French rules which ban the re-entry into France of third-country nationals who are holders of a temporary residence permit in the absence of a re-entry visa
No 77/2012
: 14 June 2012
Approximation of laws
A national court cannot revise the content of an unfair term in a contract concluded between a seller or supplier and a consumer
No 76/2012
: 12 June 2012
DDLH
In the view of Advocate General Cruz Villalón, the EU Charter of Fundamental Rights does not prevent a person from being sanctioned in criminal proceedings for facts in respect of which a final penalty has already been imposed in administrative proceedings for the same conduct
No 75/2012
: 12 June 2012
Freedom to provide services
According to Advocate General Bot, the limitation of the compensation payable by a television channel for the use of short extracts of high-interest events to the public, such as football matches, is justified
No 74/2012
: 12 June 2012
Social security for migrant workers
EU law does not prevent a Member State from granting family benefits to posted or seasonal workers in respect of whom it is not, in principle, the competent Member State
No 73/2012
: 7 June 2012
Principles of Community law
Failure to take into account professional experience acquired with another company in the same group does not constitute discrimination on grounds of age
No 72/2012
: 6 June 2012
Common foreign and security policy
In Advocate General Trstenjak’s view, the Council may freeze funds in the fight against terrorism only while national prosecutions of the persons concerned are ongoing
No 71/2012
: 5 June 2012
Agriculture
The exclusion of a farmer from benefiting from agricultural aid on the ground of a false declaration of the area of his farm does not preclude the imposition of a criminal penalty for the same act
No 70/2012
: 5 June 2012
State aid
The Court confirms the annulment by the General Court of the Commission decision declaring that a tax measure taken by France in favour of EDF constitutes State aid
No 69/2012
: 24 May 2012
Competition
The General Court confirms the Commission’s decision prohibiting the multilateral interchange fees applied by MasterCard
No 68/2012
: 24 May 2012
Community Trade Mark
The shape of a chocolate rabbit with a red ribbon cannot be registered as a Community trade mark
No 67/2012
: 24 May 2012
Community Trade Mark
The Court of Justice sets aside the judgment of the General Court which failed to acknowledge, in relation to trade marks, the distinctive character of the ‘F1’ sign
No 66/2012
: 22 May 2012
Citizenship of the Union
Criminal offences covered by the concept of "particularly serious crime" referred to in the Treaty on the Functioning of the European Union may justify deporting an EU citizen, even if that person has lived for more than ten years in the host Member State
No 65/2012
: 16 May 2012
Official visit of the Court of Justice of the European Union to Romania
No 64/2012
: 15 May 2012
Citizenship of the Union
Advocate General Trstenjak takes the view that EU law can confer on a parent who is a third-country national and has custody rights a right of residence in his child’s State of origin if that child has moved with the other parent to another Member State
No 63/2012
: 15 May 2012
Transport
Advocate General Bot proposes that the Court confirm that passengers whose flights are delayed may be entitled to compensation
No 62/2012
: 14 May 2012
Solemn undertaking before the Court of Justice of the European Union by the new Members of the European Court of Auditors
No 61/2012
: 10 May 2012
Freedom to provide services
Under EU law on freedom of establishment and freedom to provide services, economic operators cannot be required to have a share capital of €10 million in order to be entitled to collect local taxes
No 60/2012
: 10 May 2012
Public procurement
EU law does not preclude, in principle, a public contract for which a contracting authority requires or desires that certain products to be supplied should be derived from organic agriculture or fair trade
No 59/2012
: 10 May 2012
Community Trade Mark
The Court confirms the annulment of the Community trade marks ‘BOTOLIST’ and ‘BOTOCYL’ because of the existence of the ‘BOTOX’ trade marks
No 58/2012
: 10 May 2012
Free movement of capital
EU law precludes French legislation establishing different tax rules for nationally sourced dividends received by resident and nonresident undertakings for collective investments in transferable securities (UCITS)
No 57/2012
: 3 May 2012
Social policy
On retirement, a public servant is entitled to an allowance in lieu if he has not, on account of sickness, been able to take all or part of the minimum paid annual leave of four weeks to which he is entitled
No 56/2012
: 3 May 2012
Competition
The Court upholds the fine of €46.8 million imposed on Legris Industries for its participation in a cartel on the copper fittings market
No 55/2012
: 3 May 2012
RTR
According to Advocate General Trstenjak an undertaking can register its trade marks as .eu domain names only if it is established in the EU
No 54/2012
: 2 May 2012
Open Day at the Court of Justice of the European Union
No 53/2012
: 2 May 2012
Approximation of laws
The functionality of a computer program and the programming language cannot be protected by copyright
No 52/2012
: 26 April 2012
VISA
A Member State cannot impose excessive and disproportionate charges for the grant of residence permits to third-country nationals who are long-term residents and to members of their families
No 51/2012
: 26 April 2012
Approximation of laws
A Member State may provide that an unfair contract term that has been declared void following an action brought in the public interest by a consumer protection authority against a seller or supplier is not binding on any consumer who has entered into a contract with that seller or supplier to which the same general business conditions apply
No 50/2012
: 26 April 2012
Principles of Community law
In the case of a cross-border short-term loan of a vehicle free of charge, a national registration tax must be calculated according to the duration of use
No 49/2012
: 24 April 2012
Approximation of laws
According to Advocate General Bot, creators of computer programs may oppose the resale of 'used' licences which allow their programs to be downloaded from the internet again
No 48/2012
: 24 April 2012
Social policy
EU law precludes national or regional legislation which treats third-country nationals who are long-term residents differently from EU citizens with regard to the allocation of funds for housing benefit
No 47/2012
: 20 April 2012
All European Final of the European Moot Court Competition takes place at the Court of Justice of the European Union in Luxembourg on 20 April 2012
No 46/2012
: 19 April 2012
Principles of Community law
EU legislation does not entitle a worker who has a plausible claim that he meets the requirements listed in a job advertisement and whose application was rejected to have access to information indicating whether the employer engaged another applicant at the end of the recruitment process.
No 45/2012
: 19 April 2012
Transport
According to Advocate General Bot, an air carrier must compensate passengers if they have been denied boarding on account of the rescheduling of their flight following a strike at the airport which took place two days beforehand and affected a previous flight
No 44/2012
: 19 April 2012
VISA
According to Advocate General Bot, a serious infringement of the freedom of religion may constitute an ‘act of persecution’ where the asylum seeker, by exercising that freedom or as a result of infringing the restrictions placed on the exercise of that freedom, runs a real risk of being deprived of his most fundamental rights
No 43/2012
: 10 April 2012
VISA
A Member State may impose criminal penalties for aiding illegal immigration when the persons who have infiltrated Union territory, nationals of non-member countries, hold visas fraudulently obtained but not yet annulled
No 42/2012
: 29 March 2012
Agriculture
The General Court annuls the decision of the Commission requiring the new Member States to pay financial amounts linked to the elimination of surpluses of agricultural products existing within their territory at the date of their accession to the European Union
No 41/2012
: 29 March 2012
Community Trade Mark
Apple Corps can prevent the registration of a figurative Community trade mark composed of the word ‘BEATLE’ in respect of electric mobility aids
No 40/2012
: 29 March 2012
Competition
The General Court confirms the fine of more than €151 million imposed by the Commission on Telefónica for having abused its dominant position in the market for access to broadband internet in Spain
No 39/2012
: 29 March 2012
Freedom to provide services
A contracting authority in a tendering procedure must seek explanations from a tenderer in the case where the tender appears to contain an abnormally low price
No 38/2012
: 29 March 2012
Principles of Community law
The conclusion of tax proceedings pending before the Corte Suprema di Cassazione and the Commissione Tributaria Centrale which were brought more than 10 years ago is compatible with European Union law.
No 37/2012
: 29 March 2012
Approximation of laws
In Advocate General Mazák's view, advertising for a wine suggesting a temporary beneficial effect on the stomach is prohibited
No 36/2012
: 29 March 2012
Approximation of laws
Polish legislation authorising the placing on the market of foreign medicinal products lacking authorisation which are cheaper than, but similar to, those already authorised is contrary to European Union law
No 35/2012
: 29 March 2012
Environment and consumers
The Court confirms that the Commission exceeded its powers by imposing on Poland and Estonia a ceiling on greenhouse gas emission allowances
No 34/2012
: 28 March 2012
State aid
The General Court confirms the decisions of the Commission, classifying the loan by the Italian State to Alitalia as illegal, but authorising the sale of its assets
No 33/2012
: 27 March 2012
Competition
According to Advocate General Mazák, the Commission’s approval of Wendel as purchaser of Editis’s assets in the Lagardère/VUP merger should be confirmed
No 32/2012
: 22 March 2012
Transport
According to the Advocate General, Mr Bot, the air carrier must provide care to passengers whose flights have been cancelled because of extraordinary circumstances such as the closure of airspace following the eruption of the Eyjafjallajökull volcano
No 31/2012
: 22 March 2012
Competition
The Commission was entitled, during its investigation regarding competition law, to request Slovak Telekom to provide it with information on its activities prior to the accession of Slovakia to the European Union
No 30/2012
: 22 March 2012
Free movement of goods
The lack of diligence on the part of the national customs authorities may give rise to a special situation justifying the remission of a customs debt
No 29/2012
: 21 March 2012
Community Trade Mark
Volkswagen cannot oppose the registration of the Community trade mark SWIFT GTi applied for by Suzuki
No 28/2012
: 21 March 2012
State aid
The General Court annuls the Commission’s decision ordering the reimbursement of tax exemptions granted by France, Ireland and Italy for the production of alumina, which had been authorised by the Council
No 27/2012
: 15 March 2012
Approximation of laws
National legislation may provide for a contract between a consumer and a trader which contains an unfair term to be void if that ensures better protection of the consumer
No 26/2012
: 15 March 2012
Freedom to provide services
A hotel operator which broadcasts phonograms in its rooms must pay equitable remuneration to producers
No 25/2012
: 15 March 2012
Approximation of laws
A dentist who broadcasts phonograms free of charge in his private dental practice is not making a ‘communication to the public’ within the meaning of EU law
No 24/2012
: 13 March 2012
Common foreign and security policy
Sanctions adopted by the Council in relation to a third country cannot be applied to natural persons solely on the ground of their family connection with persons associated with the leaders of that country
No 23/2012
: 13 March 2012
Free movement of capital
The Council decision freezing the funds of Melli Bank is upheld
No 22/2012
: 6 March 2012
Competition
In Advocate General Mazák's view, the General Court’s judgment which dismissed an action for annulment against the Commission Decision authorising the acquisition of Vivendi Universal Publishing by Largardère should be confirmed
No 21/2012
: 6 March 2012
Citizenship of the Union
According to Advocate General Bot, the Slovak Republic did not infringe EU law when it refused to allow Mr Sólyom, the Hungarian President, to enter its territory
No 20/2012
: 6 March 2012
Citizenship of the Union
According to Advocate General Bot, a Union citizen who has lived more than ten years in the host Member State can be subject to an expulsion process where his criminal conduct endangers public security
No 19/2012
: 2 March 2012
State aid
The General Court annuls in part the Commission decision concerning various forms of aid granted to ING on account of the financial crisis
No 18/2012
: 1 March 2012
Visit to the Court of Justice of His Excellency Mr Demetris Christofias, President of the Republic of Cyprus
No 17/2012
: 1 March 2012
Transport
In Advocate General Mazák's view, a travel agent may not automatically include travel insurance when selling airline tickets
No 16/2012
: 1 March 2012
Approximation of laws
A football fixture list cannot be protected by copyright when its compilation is dictated by rules or constraints which leave no room for creative freedom
No 15/2012
: 1 March 2012
Transport
The refusal, by a Member State, to issue a driving licence cannot justify nonrecognition of a licence obtained subsequently in another Member State
No 14/2012
: 17 February 2012
Statistics concerning judicial activity in 2011: new record in the number of actions brought before and disposed of by the three judicial organs of the Court of Justice of the European Union
No 13/2012
: 16 February 2012
Approximation of laws
The protection of travellers against the risk of insolvency on the part of the package travel organiser also applies where the insolvency is attributable to the organiser’s fraudulent conduct
No 12/2012
: 16 February 2012
Freedom to provide services
EU law precludes national betting and gaming legislation requiring a minimum distance between betting outlets, where the aim is to protect the market position of existing operators
No 11/2012
: 16 February 2012
Approximation of laws
The owner of an online social network cannot be obliged to install a general filtering system, covering all its users, in order to prevent the unlawful use of musical and audio-visual work
No 10/2012
: 16 February 2012
Freedom of movement for persons
Advocate General Sharpston deems a Netherlands rule limiting funding for studying abroad to students who have resided in the Netherlands for three out of the last six years contrary to EU law on the freedom of movement of workers
No 9/2012
: 16 February 2012
Social security for migrant workers
In Advocate General Mazák’s view, EU law does not prevent a Member State from granting child benefits to posted or seasonal workers
No 8/2012
: 14 February 2012
State aid
The General Court annuls the Commission decision according to which the grant of restructuring aid of €31 million by France to FagorBrandt subject to conditions is compatible with the common market
No 7/2012
: 14 February 2012
Environment and consumers
Public access to environmental information may be refused by a ministry to the extent that the information relates to a legislative process in which the ministry is participating
No 6/2012
: 14 February 2012
Competition
The Czech competition authority may penalise the effects of a world-wide cartel produced in the Czech Republic before its accession to the EU
No 5/2012
: 13 February 2012
State aid
The General Court confirms that the power purchase agreement made between private company Budapesti Erőmű and Hungarian public undertaking MVM constitutes unlawful State aid
No 4/2012
: 26 January 2012
Social policy
The renewal of fixed-term employment contracts may be justified by replacement needs, even where that need is recurring or even permanent
No 3/2012
: 25 January 2012
Community Trade Mark
The sign "VIAGUARA" cannot be registered as a Community trade mark for drinks
No 2/2012
: 24 January 2012
Social policy
The Working Time Directive precludes national rules which make entitlement to paid annual leave conditional on a minimum period of 10 days’ actual work
No 1/2012
: 17 January 2012
Social security for migrant workers
Workers employed on gas-drilling platforms at sea, on the continental shelf adjacent to a Member State, are as a rule subject to EU law
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