Press releases
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No 207/2018
: 19 December 2018
Law governing the institutions
Advocate General Kokott proposes that the Court should rule that, by suspending the Governor of the Bank of Latvia from office, the Republic of Latvia has failed to fulfil its obligations
No 206/2018
: 19 December 2018
PDON
Advocate General Bobek: the operator of a website embedding a third party plugin such as the Facebook Like button, which causes the collection and transmission of the users’ personal data, is jointly responsible for that stage of the data processing
No 205/2018
: 19 December 2018
Freedom of establishment
The Court of Justice alone has jurisdiction to determine whether the legality of the ECB’s decision opposing the acquisition by Fininvest and Mr Berlusconi of a qualifying holding in Banca Mediolanum is affected by any defects vitiating the preparatory acts by the Banca d’Italia
No 204/2018
: 17 December 2018
Principles of Community law
Poland must immediately suspend the application of the provisions of national legislation relating to the lowering of the retirement age for Supreme Court judges
No 203/2018
: 14 December 2018
External relations
The General Court dismisses the action brought by Hamas against the decisions to maintain the freezing of its funds as an entity involved in acts of terrorism
No 202/2018
: 13 December 2018
State aid
The German broadcasting contribution is compatible with EU law
No 201/2018
: 13 December 2018
DFON
During their minimum period of annual leave guaranteed by EU law, workers are entitled to their normal remuneration, in spite of prior periods of short-time working
No 200/2018
: 13 December 2018
Area of Freedom, Security and Justice
The Schengen Borders Code precludes Germany from requiring coach transport operators of cross-border services to check the passports and residence permits of passengers before entering or leaving German territory
No 199/2018
: 13 December 2018
Law governing the institutions
The Court sets aside the damages imposed on the EU by the General Court on account of bank guarantee charges incurred by several undertakings in the context of excessively long proceedings before the General Court
No 198/2018
: 13 December 2018
Environment and consumers
The General Court upholds the actions brought by the cities of Paris, Brussels and Madrid and annuls in part the Commission’s regulation setting excessively high oxides of nitrogen emission limits for the tests for new light passenger and commercial vehicles
No 197/2018
: 13 December 2018
Approximation of laws
Advocate General Hogan: the Court should rule that the new German rules prohibiting search engines from providing excerpts of press products without prior authorisation by the publisher must not be applied
No 196/2018
: 13 December 2018
Competition
The General Court partially annuls the Commission decision relating to anticompetitive practices on the Slovakian telecommunications market
No 195/2018
: 12 December 2018
External relations
The General Court upholds the Council’s decisions of 2017 and 2018 to renew the restrictive measures taken against Mr Mubarak, former President of Egypt, in the light of ongoing judicial proceedings relating to the misappropriation of Egyptian State funds
No 194/2018
: 12 December 2018
Competition
The General Court annuls in part the European Commission’s decision finding the existence of restrictive agreements and an abuse of a dominant position on the market for perindopril, a medicine used to treat hypertension and heart failure
No 193/2018
: 12 December 2018
Freedom of establishment
Advocate General Szpunar proposes that the Court should rule that sampling constitutes an infringement of the rights of the producer of a phonogram when it is done without his authorisation
No 192/2018
: 11 December 2018
Economic policy
The ECB’s PSPP programme for the purchase of government bonds on secondary markets does not infringe EU law
No 191/2018
: 10 December 2018
DGEN
The United Kingdom is free to revoke unilaterally the notification of its intention to withdraw from the EU
No 190/2018
: 7 December 2018
Judgment of the General Court in case T-664/14
Belgium v Commission
State aid
No 189/2018
: 6 December 2018
Energy
Member States may not impose a charge on the export of electricity generated in their own territory
No 188/2018
: 6 December 2018
Freedom of movement for persons
Academic qualifications obtained as a result of taking partially overlapping courses must be automatically recognised in all Member States if the minimum training conditions, laid down by EU law, are complied with
No 187/2018
: 4 December 2018
DGEN
Advocate General Campos Sánchez-Bordona proposes that the Court of Justice should declare that Article 50 TEU allows the unilateral revocation of the notification of the intention to withdraw from the EU
No 186/2018
: 29 November 2018
Environment and consumers
Advocate General Kokott sees grounds for taking the view that the Belgian Law on the extension of the lifetime of the Doel 1 and 2 nuclear power stations was adopted without the necessary prior environmental impact assessments
No 185/2018
: 28 November 2018
External relations
The application for interim measures of Mr Andriy Klyuyev, former Head of Administration of the President of Ukraine, to suspend the operation of restrictive measures, is dismissed
No 184/2018
: 26 November 2018
Law governing the institutions
Brexit: the application for annulment of the decision authorising the opening of Brexit negotiations, brought by thirteen British citizens who live in EU Member States other than the UK, is inadmissible
No 183/2018
: 23 November 2018
No 182/2018
: 22 November 2018
External relations
The General Court upholds the Council’s decision to freeze the assets of members of the Mubarak family, on the basis of judicial proceedings relating to misappropriation of Egyptian State funds
No 181/2018
: 21 November 2018
Approximation of laws
The reimbursement by a national healthcare insurance system of a medicinal product for a use not covered by its marketing authorisation (off-label use) is not contrary to EU law
No 180/2018
: 21 November 2018
Freedom of establishment
Advocate General Campos Sánchez-Bordona proposes that the Court of Justice declare that the requirements of the Portuguese Government in relation to the reprivatisation of TAP constitute a justified restriction on the freedom of establishment, with the exception of the obligation to maintain and develop the national hub
No 179/2018
: 20 November 2018
Law governing the institutions
Decisions adopted in the context of the international treaties relating to the preservation and conservation of living resources in Antarctica must be adopted jointly by the EU and the Member States who are parties to those treaties
No 178/2018
: 15 November 2018
State aid
The General Court annuls the Commission’s decision not to raise objections to the aid scheme establishing a capacity market in the UK
No 177/2018
: 15 November 2018
Area of Freedom, Security and Justice
The ‘Brussels Ia’ Regulation is not applicable in determining which Member State’s courts have jurisdiction to rule on claims brought against the Greek State by an individual holding Greek sovereign bonds following their forced exchange in 2012
No 176/2018
: 15 November 2018
Transport
Air carriers who do not express air fares for intra-Community flights in euros are required to indicate those fares in a local currency objectively linked to the service offered
No 175/2018
: 15 November 2018
State aid
The General Court upholds the decisions of the European Commission classifying the Spanish tax scheme for the amortisation of ‘financial’ goodwill as State aid incompatible with the internal market
No 174/2018
: 14 November 2018
Freedom of establishment
The Italian legislation prohibiting private companies from performing an activity of safekeeping of cinerary urns is contrary to EU law
No 173/2018
: 14 November 2018
Area of Freedom, Security and Justice
Advocate General Tanchev proposes that the Court should rule that a national law that allows loan contracts concluded with foreign lenders who were not authorised to provide credit services in that country to be retroactively annulled is contrary to EU law when the same law does not apply to Croatian lenders
No 172/2018
: 14 November 2018
State aid
For failing to recover the State aid granted to Ellinika Nafpigeia, Greece is ordered to pay a lump sum of €10 million and a periodic penalty payment of more than €7 million for every six months of delay
No 171/2018
: 13 November 2018
Freedom of establishment
The taste of a food product is not eligible for copyright protection
No 170/2018
: 13 November 2018
Freedom of establishment
Legislation of a Member State under which a recipient of services can be ordered to suspend payments and to pay a security to guarantee payment of a possible fine which might be imposed on the provider of services, established in another Member State, for an infringement of the labour law of the first Member State is contrary to EU law
No 169/2018
: 8 November 2018
Intellectual and industrial property
The General Court annuls EUIPO’s decision revoking the rights of the proprietor of the EU trade mark SPINNING
No 168/2018
: 8 November 2018
Energy
The General Court annuls the regulation on the energy labelling of vacuum cleaners
No 167/2018
: 7 November 2018
Freedom of establishment
The exclusive operation of a national mobile payment system by an undertaking controlled by the Hungarian State is contrary to EU law
No 166/2018
: 6 November 2018
State aid
The Court annuls the Commission’s decision not to order recovery of unlawful aid granted by Italy in the form of an exemption from municipal tax on real property
No 165/2018
: 6 November 2018
Freedom of movement for persons
A worker cannot automatically lose his acquired rights to paid annual leave because he did not apply for leave
No 164/2018
: 6 November 2018
DFON
The heirs of a deceased worker may claim from the latter's former employer an allowance in lieu of the paid annual leave not taken by the worker
No 163/2018
: 25 October 2018
Competition
The President of the General Court rejects the application of Crédit agricole and JPMorgan Chase to prevent publication of the Commission decision regarding the EURIBOR cartel
No 162/2018
: 25 October 2018
Intellectual and industrial property
DEVIN, the name of a Bulgarian town, can be registered as an EU trade mark for mineral water
No 161/2018
: 25 October 2018
Freedom of establishment
According to Advocate General Szpunar, a simple military report cannot enjoy copyright protection
No 160/2018
: 25 October 2018
SOPO
Workers in the sector of activity of operatic and orchestral foundations cannot be excluded from protection against the abuse of fixed-term employment contracts
No 159/2018
: 19 October 2018
Poland must immediately suspend the application of the provisions of national legislation relating to the lowering of the retirement age for Supreme Court judges
No 158/2018
: 18 October 2018
Freedom of establishment
The owner of an internet connection used for copyright infringements through file-sharing cannot be exonerated from liability simply by naming a family member who might have had access to that connection
No 157/2018
: 17 October 2018
‘e-Curia’ becomes the only means of exchange of legal documents between parties’ representatives and the General Court with effect from 1 December 2018
No 156/2018
: 17 October 2018
Area of Freedom, Security and Justice
Advocate General Szpunar proposes that the Court should rule that the ‘Returns Directive’ must be applied to third-country national where internal border controls have been reinstated
No 155/2018
: 11 October 2018
No 154/2018
: 11 October 2018
No 153/2018
: 9 October 2018
No 152/2018
: 9 October 2018
Ms Rosario Silva de Lapuerta is elected Vice-President of the Court of Justice of the European Union
No 151/2018
: 9 October 2018
No 150/2018
: 8 October 2018
Partial renewal of the membership of and entry into office of six new Members of the Court of Justice
No 149/2018
: 4 October 2018
SOPO
A provision of national law which, for the purpose of determining the duration of paid annual leave to which a worker is entitled, does not include a period of parental leave taken by that worker complies with EU law
No 148/2018
: 4 October 2018
Area of Freedom, Security and Justice
The Brussels I Regulation does not preclude legislation of a Member State which provides for the application of a time limit for the enforcement of a preventive attachment order from being applied in the case of such an order which has been adopted in another Member State and is enforceable in the Member State in which enforcement is sought
No 147/2018
: 4 October 2018
Area of Freedom, Security and Justice
A creditor’s action seeking to render a fraudulent disposal of property by its debtor ineffective as regards that creditor is a ‘matter related to a contract’ within the meaning of the regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
No 146/2018
: 4 October 2018
Environment and consumers
The requirement to submit sustainability certificates imposed by Italy on intermediaries which do not take physical possession of the bioliquids which are the subject of the transaction in which those intermediaries are involved complies with EU law
No 145/2018
: 4 October 2018
Economic policy
Advocate General Wathelet proposes that the Court of Justice should rule that the decision of the ECB establishing a programme for the purchase of government bonds on secondary markets is valid
No 144/2018
: 4 October 2018
Freedom of establishment
The Conseil d’État should have referred a question to the Court for a preliminary ruling concerning the interpretation of EU law, in order to determine whether it was necessary to refuse to take into account the tax incurred by a non-resident subsidiary on the profits underlying dividends redistributed by a non-resident company
No 143/2018
: 4 October 2018
Environment and consumers
A person who publishes a number of sales advertisements on a website is not automatically a ‘trader’
No 142/2018
: 2 October 2018
Law governing the institutions
The European Parliament may exercise some of its budgetary powers in Brussels, instead of Strasbourg, if that is required for the proper functioning of the budgetary procedure
No 141/2018
: 2 October 2018
DFON
Criminal offences that are not particularly serious may justify access to personal data retained by providers of electronic communications services provided that that access does not constitute a serious infringement of privacy
No 140/2018
: 26 September 2018
State aid
Advocate General Campos Sánchez-Bordona proposes that the Court of Justice declare that the amendment to the criterion used for charging the fee which finances public service broadcasters in Germany does not constitute unlawful State aid
No 139/2018
: 26 September 2018
Competition
In the context of the cartel in the smart card chip market, the Court refers the case involving Infineon Technologies back to the General Court to assess the proportionality of the fine imposed, and dismisses the appeal lodged by Philips
No 138/2018
: 25 September 2018
Law governing the institutions
The General Court confirms the Parliament’s refusal to grant access to documents relating to MEPs’ subsistence allowances, travel expenses and parliamentary assistance allowances
No 137/2018
: 20 September 2018
Environment and consumers
The unfairness of an unclear contractual term which places the exchange rate risk on the borrower and does not reflect statutory provisions may be subject to judicial review
No 136/2018
: 20 September 2018
Agriculture and fisheries
Advocate General Wahl proposes that the Court find that products from animals that have been the subject of ritual slaughter without prior stunning can be issued the European ‘organic farming’ label
No 135/2018
: 19 September 2018
Area of Freedom, Security and Justice
The notification, by the United Kingdom, of its intention to withdraw from the EU does not have the consequence that execution of a European arrest warrant issued by that Member State must be refused or postponed
No 134/2018
: 19 September 2018
SOPO
Pregnant workers, workers who have recently given birth or are breastfeeding who work shifts, some of which are at night, must be regarded as performing night work and enjoy specific protection against the risks that night work is liable to pose
No 133/2018
: 19 September 2018
State aid
The Court holds that the General Court of the European Union must reconsider whether the Commission was justified in classifying the implied and unlimited guarantee granted by the French Republic to the Institut français du pétrole as State aid
No 132/2018
: 13 September 2018
External relations
The General Court of the EU upholds restrictive measures adopted by the Council against a number of Russian banks and oil and gas companies in connection with the crisis in Ukraine
No 131/2018
: 13 September 2018
Area of Freedom, Security and Justice
A person cannot be excluded from eligibility for subsidiary protection if he is deemed to have ‘committed a serious crime’ on the basis of the sole criterion of the penalty provided for under the law of the Member State concerned
No 130/2018
: 13 September 2018
Freedom of establishment
The sale of SIM cards on which services that can incur fees have been pre-loaded and pre-activated constitutes an aggressive unfair commercial practice when the consumers are not informed of that fact in advance
No 129/2018
: 13 September 2018
MARI
National financial supervisory authorities may have an obligation to disclose information covered by professional secrecy in order to safeguard the rights of the defence or in order that the information may be used in civil or commercial proceedings
No 128/2018
: 12 September 2018
Transport
In the event of cancellation of a flight, the airline company must also reimburse commissions collected by intermediaries when tickets are bought, as long as it was aware of them
No 127/2018
: 11 September 2018
SOPO
Dismissal of a Catholic doctor from a managerial position by a Catholic hospital due to his remarriage after a divorce may constitute unlawful discrimination on grounds of religion
No 126/2018
: 6 September 2018
Freedom of movement for persons
A posted worker is covered by the social security system of his place of work if he replaces another posted worker, even if those workers were not posted by the same employer
No 125/2018
: 4 September 2018
SERV
A vehicle which is not formally withdrawn from use and which is capable of being used must be covered by motor vehicle insurance against civil liability even if its owner, who no longer intends to drive it, has chosen to park it on private land
No 124/2018
: 7 August 2018
Area of Freedom, Security and Justice
Advocate General Szpunar: the UK’s decision to leave the EU should not affect the execution of a European arrest warrant issued by it
No 123/2018
: 7 August 2018
Freedom of establishment
The posting on a website of a photograph that was freely accessible on another website with the consent of the author requires a new authorisation by that author
No 122/2018
: 25 July 2018
Competition
Advocate General Kokott suggests that the Court of Justice should confirm that the Commission’s decision prohibiting the acquisition of TNT Express by UPS should be annulled due to a procedural error
No 121/2018
: 25 July 2018
Law governing the institutions
Advocate General Wahl: the Court of Justice should set aside the judgments of the General Court by which it ordered the EU to pay compensation for material damage to a number of companies as a result of the excessive length of proceedings before that court
No 120/2018
: 25 July 2018
Environment and consumers
On account of its delay in implementing the Urban Waste Water Treatment Directive, Spain is ordered to pay a lump sum of €12 million and a penalty payment of almost €11 million per six-month period of delay
No 119/2018
: 25 July 2018
DFON
The framework agreement on fixed-term work does not mean that non-permanent workers in the Spanish public sector must be guaranteed reinstatement in the event that their disciplinary dismissal is found to be wrongful
No 118/2018
: 25 July 2018
Area of Freedom, Security and Justice
The execution of a European arrest warrant cannot be refused on the ground that a decision of the Public Prosecutor’s Office has closed a criminal investigation when, during that investigation, the requested person was interviewed as a witness only
No 117/2018
: 25 July 2018
Energy
Not providing consumers with information on the testing conditions that resulted in the energy classification indicated on the energy label of vacuum cleaners does not constitute a ‘misleading omission’
No 116/2018
: 25 July 2018
Intellectual and industrial property
EUIPO must reconsider whether the three-dimensional shape of a ‘4 Finger KitKat’ can be retained as an EU trade mark
No 115/2018
: 25 July 2018
State aid
The Court of Justice sets aside the judgment of the General Court on the ‘Spanish tax lease system’
No 114/2018
: 25 July 2018
DFON
An assessment of detention conditions in the issuing Member State made prior to the execution of a European arrest warrant must be limited to the prisons in which it is actually intended that the person concerned will be held
No 113/2018
: 25 July 2018
Area of Freedom, Security and Justice
A judicial authority called upon to execute a European arrest warrant must refrain from giving effect to it if it considers that there is a real risk that the individual concerned would suffer a breach of his fundamental right to an independent tribunal and, therefore, of the essence of his fundamental right to a fair trial on account of deficiencies liable to affect the independence of the judiciary in the issuing Member State
No 112/2018
: 25 July 2018
Area of Freedom, Security and Justice
A Palestinian who has refugee status from UNRWA cannot obtain refugee status in the EU while receiving effective protection or assistance from that UN agency
No 111/2018
: 25 July 2018
Approximation of laws
Organisms obtained by mutagenesis are GMOs and are, in principle, subject to the obligations laid down by the GMO Directive
No 110/2018
: 13 July 2018
Economic policy
The General Court annuls the decisions of the ECB refusing to allow six French credit institutions to exclude from the calculation of the leverage ratio certain exposure connected to French savings accounts
No 109/2018
: 13 July 2018
Staff Regulations of Officials
The General Court orders the European Parliament and the EIB to each pay €10 000 in damages to members of staff who have suffered psychological harassment
No 108/2018
: 13 July 2018
Law governing the institutions
The Court rejects the claims for compensation brought by several individuals and companies in relation to the restructuring of the Cypriot banking sector
No 107/2018
: 12 July 2018
Competition
The General Court confirms the fines of over €300 million that the Commission imposed on the main European and Asian producers of (extra) high voltage power cables for their participation in a worldwide cartel
No 106/2018
: 12 July 2018
Citizenship of the Union
Where an EU citizen returns to his Member State of origin, that Member State must facilitate the entry and residence of the non-EU partner with whom that citizen has a durable relationship
No 105/2018
: 12 July 2018
Citizenship of the Union
Advocate General Mengozzi proposes that the Court should rule that the automatic loss of Netherlands nationality, which leads to the loss of citizenship of the EU, for minors living outside the EU is incompatible with EU law
No 104/2018
: 12 July 2018
State aid
The General Court confirms the decision by which the Commission approved the aid provided by the UK in favour of the Hinkley Point C nuclear power station
No 103/2018
: 10 July 2018
PDON
A religious community, such as the Jehovah’s Witnesses, is a controller, jointly with its members who engage in preaching, for the processing of personal data carried out by the latter in the context of door-to-door preaching
No 102/2018
: 4 July 2018
DFON
Advocate General Campos Sánchez-Bordona proposes that the Court should rule that the existence, in the State issuing a European arrest warrant, of judicial remedies against possible inhuman or degrading treatment is a relevant factor allowing such a risk to be discounted and that, consequently, there are, in principle, no exceptional circumstances capable of justifying the non-execution of that arrest warrant
No 101/2018
: 4 July 2018
Area of Freedom, Security and Justice
Advocate General Bot proposes that the Court of Justice rule that the ‘Brussels Ia’ Regulation is not applicable in determining which Member State’s courts have jurisdiction to rule on claims brought against the Greek State by an individual holding Greek sovereign bonds following their forced exchange in exceptional circumstances and under exceptional conditions
No 100/2018
: 4 July 2018
Transport
In the case of long delay of a flight, the air company which must pay the compensation owed to passengers is not the air company which leased the aircraft and its crew, but the air company which decided to perform the flight
No 99/2018
: 4 July 2018
Law governing the institutions
For having delayed in implementing EU law on the landfill of waste, Slovakia is fined a lump sum of €1 000 000 and a penalty payment of €5 000 per day of delay
No 98/2018
: 4 July 2018
Freedom of establishment
Advocate General Saugmandsgaard Øe proposes that the Court rule that the broad prohibition on the sale of tobacco products with characterising flavours complies with the principle of equal treatment
No 97/2018
: 3 July 2018
Competition
The General Court upholds the fine of €57 million imposed on Sanitec Europe and its subsidiaries in the context of the cartel on the bathroom fixtures and fittings market
No 96/2018
: 29 June 2018
From 1 July 2018, requests for preliminary rulings involving natural persons will be anonymised
No 95/2018
: 28 June 2018
Area of Freedom, Security and Justice
According to Advocate General Tanchev, the execution of a European arrest warrant must be postponed where the competent judicial authority finds not only that there is a real risk of flagrant denial of justice on account of deficiencies in the system of justice of the issuing Member State but also that the person who is the subject of the warrant is exposed to such a risk
No 94/2018
: 27 June 2018
Area of Freedom, Security and Justice
Advocate General Mengozzi proposes that the Court should rule that the Netherlands law requiring a person who already has the right to family reunification to pass a second civic integration examination in order to obtain an autonomous residence permit is incompatible with EU law.
No 93/2018
: 27 June 2018
Freedom of establishment
Advocate General Campos Sánchez-Bordona proposes that the Court of Justice should declare that the EU Courts have exclusive jurisdiction to review the legality of ECB measures and of preparatory measures adopted in procedures for authorisation to acquire or increase qualifying holdings in banks
No 92/2018
: 26 June 2018
No 91/2018
: 26 June 2018
Intellectual and industrial property
The sign ‘france.com’ cannot be registered as an EU trade mark
No 90/2018
: 21 June 2018
Environment and consumers
By adopting a certain derogation regime allowing the capture of seven species of wild birds, Malta has failed to fulfil its obligations under EU law
No 89/2018
: 21 June 2018
Area of Freedom, Security and Justice
According to Advocate General Wathelet, the provisions of the Qualification Directive allowing a Member State to refuse or to revoke refugee status are compatible with EU law
No 88/2018
: 19 June 2018
Justice and Home Affairs
Member States are entitled to adopt a return decision as soon as an application for international protection is rejected, provided that the return procedure is suspended pending the outcome of an appeal against that rejection
No 87/2018
: 19 June 2018
Law governing the institutions
The General Court confirms the decision of the European Parliament to recover from Marine Le Pen MEP almost €300 000 for the employment of a parliamentary assistant, on the ground that she did not prove the effectiveness of that assistant’s work
No 86/2018
: 19 June 2018
MARI
All the information in the file of a financial supervision authority is not necessarily confidential
No 85/2018
: 14 June 2018
External relations
The Court of Justice confirms that the fund-freezing measures imposed on Rami Makhlouf, cousin of Bashar al-Assad, must be maintained for the period 2016-2017
No 84/2018
: 12 June 2018
Intellectual and industrial property
A mark consisting of a colour applied to the sole of a shoe is not covered by the prohibition of the registration of shapes
No 83/2018
: 7 June 2018
Agriculture and fisheries
In order to decide whether there is an ‘evocation’ prohibited by EU law, the national court must determine whether a consumer thinks directly of the protected geographical indication ‘Scotch Whisky’ when he sees a comparable product bearing the designation ‘Glen’
No 82/2018
: 5 June 2018
Law governing the institutions
Advocate General Wathelet proposes that the Court should annul only the act by which the President of the Parliament declared in Brussels, and not in Strasbourg, that the general budget of the EU for 2017 was definitively adopted
No 81/2018
: 5 June 2018
Approximation of laws
The administrator of a fan page on Facebook is jointly responsible with Facebook for the processing of data of visitors to the page
No 80/2018
: 5 June 2018
Citizenship of the Union
The term ‘spouse’ within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex
No 79/2018
: 31 May 2018
Solemn undertaking before the Court of Justice of the European Union of four new Members of the European Court of Auditors
No 78/2018
: 31 May 2018
Area of Freedom, Security and Justice
The notion of ‘rights of access’ includes the rights of access of grandparents to their grandchildren
No 77/2018
: 31 May 2018
Environment and consumers
The right to compensation for long delays of flights applies to connecting flights to third States with stopovers outside the EU
No 76/2018
: 31 May 2018
Area of Freedom, Security and Justice
When a person travels to a Member State after making a request for international protection in another Member State, the first Member State cannot decide to transfer that person to the second Member State before that second State has agreed to the request to take that person back
No 75/2018
: 31 May 2018
Law governing the institutions
The General Court annuls the decisions of the Bureau of the European Parliament to impose penalties on the European MEP Korwin-Mikke due to comments made on the floor of the Parliament
No 74/2018
: 31 May 2018
Environment and consumers
For having failed to implement EU law on the collection and treatment of urban waste water within the time-limit, Italy is ordered to pay a lump sum of €25 million and a fine of more than €30 million for every six months of delay
No 73/2018
: 31 May 2018
SOPO
According to Advocate General Wathelet, the prohibition of discrimination on grounds of religion precludes a Catholic doctor who is Head of Department at a Catholic hospital from being dismissed because of his divorce and remarriage
No 72/2018
: 31 May 2018
Freedom of establishment
Advocate General Campos Sánchez-Bordona proposes that the Court of Justice declare that the mere omission to provide the user with information on the pre-installation of voicemail and internet-access services on a SIM card intended to be inserted into a smartphone does not constitute an unfair commercial practice if that user has previously been informed about the terms of access and the cost of those services
No 71/2018
: 29 May 2018
Freedom of movement for persons
Advocate General Bot proposes that the Court of Justice should hold that the mere fact that a worker did not apply for leave cannot automatically entail the loss of the right to an allowance in lieu of untaken leave at the end of the employment relationship
No 70/2018
: 29 May 2018
DFON
Advocate General Bot proposes that the Court of Justice rule that EU law precludes national legislation which prevents the heirs of a deceased worker from claiming an allowance in lieu of outstanding leave
No 69/2018
: 29 May 2018
Agriculture and fisheries
The Court confirms that ritual slaughter without stunning may take place only in an approved slaughterhouse
No 68/2018
: 17 May 2018
Agriculture and fisheries
The General Court confirms the validity of the restrictions introduced at EU level in 2013 against the insecticides clothianidin, thiamethoxam and imidacloprid because of the risks those substances pose to bees
No 67/2018
: 17 May 2018
Approximation of laws
The EU directive on unfair terms in consumer contracts may apply to an educational establishment
No 66/2018
: 16 May 2018
Competition
The Commission must re-examine the request made by Lufthansa and Swiss concerning the waiver of their pricing commitments for the Zurich-Stockholm route
No 65/2018
: 16 May 2018
Area of Freedom, Security and Justice
According to Advocate General Szpunar, the Court is not competent to answer questions asked by the issuing judicial authority of a European arrest warrant on whether the executing authority can refuse to execute that warrant
No 64/2018
: 8 May 2018
Justice and Home Affairs
Requests for family reunification must be examined even if the national of a non-EU country, who is a family member of an EU citizen who has never exercised his right of freedom of movement, is subject to an entry ban
No 63/2018
: 8 May 2018
Freedom of establishment
Advocate General Wahl proposes that the Court holds that national legislation requiring a recipient of services to provide security in order to secure a fine that might be imposed on a service provider established in another Member State for breach of a provision of national labour legislation is contrary to EU law
No 62/2018
: 8 May 2018
SANT
When assessing whether a registration dossier of a chemical substance complies with the REACH Regulation, the European Chemicals Agency must act in accordance with the procedures laid down by the regulation
No 61/2018
: 4 May 2018
The General Court dismisses the action for damages brought by almost 1 500 individuals following the adoption by the Commission of a 2016 regulation on pollutant emissions from vehicles
No 60/2018
: 3 May 2018
Environment and consumers
According to Advocate General Tanchev, a Member State legislative response to a ruling of the Court of Justice concerning the unfairness of contractual terms for lack of clarity is judicially reviewable
No 59/2018
: 3 May 2018
DFON
Advocate General Saugmandsgaard Øe proposes that the Court should find that even criminal offences that are not particularly serious may justify disclosure of basic electronic communications metadata provided such disclosure does not seriously undermine the right to privacy
No 58/2018
: 2 May 2018
Citizenship of the Union
The need for a restriction on the freedom of movement and residence of an EU citizen, or a family member of an EU citizen, suspected of having, in the past, participated in war crimes must be assessed on a case-by-case basis
No 57/2018
: 26 April 2018
Freedom of establishment
Regional taxes in Spain on large retail establishments are compatible with EU law
No 56/2018
: 26 April 2018
Intellectual and industrial property
Lionel Messi may register his trade mark ‘MESSI’ for sports equipment and clothing
No 55/2018
: 24 April 2018
Intellectual and industrial property
Hewlett Packard can register the letters HP as an EU trade mark
No 54/2018
: 24 April 2018
Economic policy
The General Court declares that the same person may not occupy at the same time the post of chairman of the board of directors and that of ‘effective director’ in credit institutions subject to prudential supervision
No 53/2018
: 24 April 2018
Area of Freedom, Security and Justice
A person who has in the past been tortured in his country of origin is eligible for ‘subsidiary protection’ if he faces a real risk of being intentionally deprived, in that country, of appropriate physical and psychological health care
No 52/2018
: 23 April 2018
Law governing the institutions
The General Court confirms the decision of the Commission not to submit a legislative proposal in the context of the European citizens’ initiative ‘One of Us’
No 51/2018
: 19 April 2018
Freedom of establishment
Commercial agents are entitled to the indemnity and compensation provided for even if termination of the agency contract occurs during the trial period
No 50/2018
: 19 April 2018
Intellectual and industrial property
According to Advocate General Wathelet, EUIPO must re-examine whether the three-dimensional shape of the ‘Kit Kat 4 fingers’ product may be maintained as an EU trade mark
No 49/2018
: 17 April 2018
Transport
A ‘wildcat strike’ by flight staff following the surprise announcement of a restructuring does not constitute an ‘extraordinary circumstance’ , releasing the airline from its obligation to pay compensation in the event of cancellation or long delay of flight
No 48/2018
: 17 April 2018
Environment and consumers
The forest management operations concerning the Puszcza Białowieska Natura 2000 site that have been undertaken by Poland infringe EU law
No 47/2018
: 17 April 2018
Citizenship of the Union
It is a prerequisite of eligibility for enhanced protection against expulsion that the person concerned must have a right of permanent residence
No 46/2018
: 17 April 2018
Principles of Community law
The requirement of religious affiliation for a post within the Church must be amenable to effective judicial review
No 45/2018
: 12 April 2018
All European Final of the European Moot Court Competition takes place at the Court of Justice of the European Union in Luxembourg on 13 April
No 44/2018
: 12 April 2018
Area of Freedom, Security and Justice
Advocate General Szpunar proposes that the Court of Justice rules that in matters of parental responsibility rights of access include the rights of access of grandparents
No 43/2018
: 12 April 2018
Competition
In the context of the cartel in the smart card chip market, Advocate General Wathelet proposes that the Court should set aside the judgment handed down by the General Court against Infineon Technologies and refer the case back to the General Court
No 42/2018
: 12 April 2018
Environment and consumers
EU law precludes a Slovak tax on the value of sold or unused greenhouse gas emission allowances at a rate of 80%
No 41/2018
: 12 April 2018
Law governing the institutions
Advocate General Saugmandsgaard Øe proposes that the Court hold that the prohibition on the placing on the market of snus is valid
No 40/2018
: 12 April 2018
Area of Freedom, Security and Justice
An unaccompanied minor who attains the age of majority during the asylum procedure retains their right to family unification
No 39/2018
: 10 April 2018
Approximation of laws
Member States may prohibit and punish, as a matter of criminal law, the illegal exercise of transport activities in the context of the UberPop service, without notifying the Commission in advance of the draft legislation laying down criminal penalties for the exercise of such activities
No 38/2018
: 10 April 2018
Citizenship of the Union
Advocate General Bobek: where an EU citizen returns to his Member State of origin, that Member State must facilitate the entry and residence of the citizen’s non-EU partner with whom he has created or strengthened family ties in another Member State
No 37/2018
: 10 April 2018
DISC
A Member State is not required to extend a prohibition on the extradition of its own nationals to the United States to every EU citizen travelling in its territory
No 36/2018
: 23 March 2018
No 35/2018
: 22 March 2018
Law governing the institutions
The European Parliament must in principle grant access, on specific request, to documents relating to ongoing trilogues
No 34/2018
: 20 March 2018
DFON
The ‘ne bis in idem’ principle may be limited for the purpose of protecting the financial interests of the EU and the financial markets thereof
No 33/2018
: 15 March 2018
Intellectual and industrial property
The mark ‘La Mafia se sienta a la mesa’ is contrary to public policy
No 32/2018
: 15 March 2018
Social security for migrant workers
The pension supplement granted in Spain to workers suffering from total permanent incapacity is compatible with the receipt of a retirement pension from another Member State or from Switzerland
No 31/2018
: 14 March 2018
Intellectual and industrial property
The General Court confirms the cancellation of registration of Crocs’ design because it was made available to the public before its registration
No 30/2018
: 14 March 2018
Environment and consumers
The General Court annuls the decision whereby the Commission rejected an application for review of the marketing authorisation granted to products containing genetically modified soybeans
No 29/2018
: 8 March 2018
Intellectual and industrial property
The General Court of the European Union annuls the refusal to register, as an EU trade mark, a figurative mark including the currency symbols ‘€’ and ‘$’
No 28/2018
: 7 March 2018
Area of Freedom, Security and Justice
An airline which operated only the first leg of a connecting flight in one Member State can be sued before the courts of the final destination in another Member State for compensation for delays
No 27/2018
: 7 March 2018
State aid
France must recover over € 642 million (excluding interest) in State aid granted to the company Sernam
No 26/2018
: 6 March 2016
DISC
The arbitration clause in the Agreement between the Netherlands and Slovakia on the protection of investments is not compatible with EU law
No 25/2018
: 6 March 2018
Free movement of capital
Depriving persons of their right of usufruct if they do not have a close family tie with the owner of agricultural land in Hungary is contrary to EU law
No 24/2018
: 1 March 2018
Intellectual and industrial property
adidas may oppose the registration, as an EU trade mark, of two parallel stripes on shoes
No 23/2018
: 28 February 2018
SOPO
The extension of a contract of employment beyond the normal retirement age may be of limited duration
No 22/2018
: 28 February 2018
SERV
The Hungarian legislation on the grant of concessions for operating traditional casinos and that relating to the organisation of online casino games are not compatible with EU law
No 21/2018
: 27 February 2018
External relations
The Fisheries Agreement concluded between the EU and Morocco is valid in so far as it is not applicable to Western Sahara and to its adjacent waters
No 20/2018
: 27 February 2018
DFON
The salary reductions applied to the judges of the Tribunal de Contas in Portugal do not infringe the principle of judicial independence
No 19/2018
: 22 February 2018
Environment and consumers
The Court of Justice finds that Poland has infringed EU law on ambient air quality
No 18/2018
: 22 February 2018
Energy
Advocate General Saugmandsgaard Øe proposes that the Court holds that suppliers and dealers of vacuum cleaners may not use supplementary labels which reproduce or clarify the information contained in the energy label provided for in an EU regulation
No 17/2018
: 22 February 2018
Environment and consumers
Greece is ordered to pay a lump sum of €5 million and a sliding-scale periodic penalty payment of €3.28 million for each six-month period of delay for having delayed the implementation of EU law on urban waste water treatment,
No 16/2018
: 22 February 2018
Agriculture and fisheries
Advocate General Saugmandsgaard Øe issues his opinion on the interpretation of EU law provisions relating to geographical indications for spirit drinks in the context of a dispute concerning a German whisky named ‘Glen Buchenbach’
No 15/2018
: 22 February 2018
SOPO
Pregnant workers may be dismissed on grounds of a collective redundancy
No 14/2018
: 21 February 2018
Freedom of movement for persons
Stand-by time of a worker at home who is obliged to respond to calls from the employer within a short period must be regarded as ‘working time’
No 13/2018
: 20 February 2018
Environment and consumers
According to Advocate General Bot, the forestry management decisions taken by Poland concerning the Natura 2000 Puszcza Białowieska site infringe EU law
No 12/2018
: 7 February 2018
Freedom of establishment
A three party card scheme involving a co-branding partner or an agent is subject to the same restrictions as those applicable to four party schemes with respect to interchange fees
No 11/2018
: 6 February 2018
Intellectual and industrial property
According to Advocate General Szpunar, a trade mark combining colour and shape may be refused or declared invalid on the grounds set out under EU trade mark law
No 10/2018
: 6 February 2018
Social security for migrant workers
National courts may, in cases of fraud, disregard social security certificates issued to workers posted within the EU
No 9/2018
: 1 February 2018
Competition
The Court of Justice upholds the fines imposed by the Commission on a number of companies for their participation in cartels in the international air freight forwarding services sector
No 8/2018
: 25 January 2018
Area of Freedom, Security and Justice
An asylum seeker may not be subjected to a psychological test in order to determine his sexual orientation
No 7/2018
: 25 January 2018
Area of Freedom, Security and Justice
Mr Schrems may bring an individual action in Austria against Facebook Ireland
No 6/2018
: 23 January 2018
Competition
The agreement between the pharmaceutical groups Roche and Novartis designed to reduce the use of Avastin in ophthalmology and to increase the use of Lucentis might constitute a restriction of competition ‘by object’
No 5/2018
: 18 January 2018
Free movement of capital
Income from assets of French nationals who work in a State other than a Member State of the EU/EEA or Switzerland may be subject to French social security contributions
No 4/2018
: 18 January 2018
Approximation of laws
According to Advocate General Bobek, organisms obtained by mutagenesis are, in principle, exempted from the obligations in the Genetically Modified Organisms Directive
No 3/2018
: 16 January 2018
State aid
The General Court of the EU upholds the Commission’s decision ordering France to recover €1.37 billion in the context of State aid granted to EDF
No 2/2018
: 11 January 2018
Citizenship of the Union
According to Advocate General Wathelet, the term ‘spouse’ includes, in the light of the freedom of residence of citizens of the EU and their family members, spouses of the same sex
No 1/2018
: 10 January 2018
External relations
According to Advocate General Wathelet, the Fisheries Agreement concluded between the EU and Morocco is invalid because it applies to the Western Sahara and its adjacent waters
Press releases are unofficial documents for media use and are not binding on the Court of Justice
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