Press releases
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No 216/2022
: 22 December 2022
Approximation of laws
The Latvian law banning the advertising of medicinal products on the basis of price, special sales or bundled sales of medicinal products and other products is compatible with EU law.
No 215/2022
: 22 December 2022
Freedom of movement for persons
Danish legislation which makes family reunification between a Turkish worker residing legally in Denmark and his or her spouse subject to the condition that that worker has successfully taken a test demonstrating a certain level of knowledge of Danish constitutes an unlawful 'new restriction'
No 214/2022
: 22 December 2022
Extradition of a Union citizen to a third State in order for him to serve a sentence in that State may be justified to prevent the risk of impunity
No 213/2022
: 22 December 2022
Judgment of the Court of Justice in joined cases C-148/21 et C-184/21
Louboutin (Usage d’un signe contrefaisant sur un marché en ligne)
Intellectual and industrial property
No 212/2022
: 22 December 2022
Short-term property rentals: EU law does not preclude the requirement to collect information or to withhold tax under a national tax regime No 211/2022
: 22 December 2022
Judgment of the Court of Justice in Case C-61/21
Ministre de la Transition écologique and Premier ministre (Responsabilité de l’État pour la pollution de l’air)
Environment and consumers
No 210/2022
: 21 December 2022
Judgments of the General Court in Cases T-746/20, T-747/20
Grünig v Commission
External relations
No 209/2022
: 21 December 2022
State aid
The General Court dismisses as inadmissible the action brought by the retail undertaking Breuninger against the Commission’s decision approving aid granted by Germany to compensate for losses suffered as a result of lockdown during the COVID-19 crisis
No 208/2022
: 21 December 2022
State aid
The General Court dismisses the actions brought by Breuninger and Falke against the Commission’s decision approving German aid to undertakings which suffered, in the context of the COVID-19 outbreak, a loss of turnover of at least 30%
No 207/2022
: 19 December 2022
In the context of its 70th Anniversary, the Court bestows new names on some of its buildings
No 206/2022
: 15 December 2022
Freedom of establishment
According to Advocate General Szpunar, the limit on the number of private hire vehicle licences in the Metropolitan Area of Barcelona violates the freedom of establishment
No 205/2022
: 15 December 2022
Competition
Advocate General Rantos: The FIFA-UEFA rules under which any new competition is subject to prior approval are compatible with EU competition law
No 204/2022
: 15 December 2022
Competition
Advocate General Rantos proposes that the judgment of the General Court which had confirmed the anticompetitive nature of rules of the International Skating Union should be set aside
No 203/2022
: 15 December 2022
Advocate General Collins: only an independent and impartial tribunal previously established by law may authorise the prosecution of a judge
No 202/2022
: 15 December 2022
No 201/2022
: 15 December 2022
Principles of Community law
Advocate General Collins: Poland’s law amending rules on the organisation of its ordinary courts and on its Supreme Court infringes EU law
No 200/2022
: 15 December 2022
No 199/2022
: 8 December 2022
Freedom of movement for persons
Cross-border workers are not required to have registered in Luxembourg a civil partnership (PACS) that was entered into in another Member State
No 198/2022
: 8 December 2022
Combatting aggressive tax planning: the obligation for a lawyer to inform other intermediaries involved is not necessary and infringes the right to respect for communications with his or her client
No 197/2022
: 8 December 2022
Right to erasure (‘right to be forgotten’): the operator of a search engine must dereference information found in the referenced content where the person requesting dereferencing proves that such information is manifestly inaccurate
No 196/2022
: 7 December 2022
Law governing the institutions
The General Court dismisses as inadmissible the action brought by WhatsApp against a decision of the European Data Protection Board
No 195/2022
: 2 December 2022
1952-2022: Special Meeting of Judges on the occasion of the 70th anniversary of the Court of Justice of the European Union
No 194/2022
: 1 December 2022
Advocate General Ćapeta: economic operators have the right to request the completion of a RAPEX notification on the basis of the Treaty provisions concerning the free movement of goods
No 193/2022
: 1 December 2022
Area of Freedom, Security and Justice
According to Advocate General Campos Sánchez-Bordona, a serious risk to the person whose surrender is requested may justify the postponement of a European arrest warrant, but not the refusal, with no further justification, to execute it
No 192/2022
: 30 November 2022
State aid
Construction of new nuclear reactors: the General Court dismisses the action brought by Austria to contest Hungarian investment aid approved by the Commission
No 191/2022
: 24 November 2022
Environment and consumers
Advocate General Collins: an environmental impact assessment may be required where an envisaged urban development project is located in a UNESCO World Heritage Site
No 190/2022
: 23 November 2022
Approximation of laws
The General Court annuls the Commission Delegated Regulation of 2019 in so far as it concerns the harmonised classification and labelling of titanium dioxide as a carcinogenic substance by inhalation in certain powder forms No 189/2022
: 22 November 2022
Area of Freedom, Security and Justice
A third country national who is suffering from a serious illness may not be removed if, in the absence of appropriate medical treatment in the receiving country, that national risks being exposed to a real risk of a rapid, significant and permanent increase in the pain linked to that illness
No 188/2022
: 22 November 2022
Approximation of laws
Anti-money-laundering directive: the provision whereby the information on the beneficial ownership of companies incorporated within the territory of the Member States is accessible in all cases to any member of the general public is invalid
No 187/2022
: 17 November 2022
External relations
According to Advocate General Ćapeta, the Court may refrain from reviewing the compatibility of the Basic Anti-dumping Regulation in the light of the Protocol on the Accession of China to the WTO.
No 186/2022
: 17 November 2022
Freedom of establishment
The protection of confidentiality in the field of public procurement must be weighed against the requirements of transparency and effective judicial protection
No 185/2022
: 17 November 2022
State aid
The Court of Justice sets aside the two judgments of the General Court which dismissed the actions of Volotea and easyJet against the decision of the Commission concerning State aid granted by Italy to Sardinian airports
No 184/2022
: 16 November 2022
Judgment of the General Court in case T-469/20
Netherlands v Commission
State aid
No 183/2022
: 15 November 2022
Area of Freedom, Security and Justice
Automatic recognition of extrajudicial divorces: a divorce decree drawn up by the civil registrar of a Member State, containing a divorce agreement concluded by the spouses and confirmed by them before that registrar in accordance with the conditions laid down by the legislation of that Member State, constitutes a ‘judgment’ within the meaning of the Brussels IIa Regulation
No 182/2022
: 10 November 2022
Competition
The disclosure of ‘relevant evidence’, within the meaning of EU law, includes documents that a party may be required to create by compiling or classifying information, knowledge or data in its possession
No 181/2022
: 10 November 2022
State aid
Decision on State aid granted by Spain to Valencia CF annulled by the General Court: the Court of Justice dismisses the Commission’s appeal
No 180/2022
: 9 November 2022
Judgments of the General Court in Cases T-655/19, T-656/19, T-657/19, T-667/19
Ferriera Valsabbia and Valsabbia Investimenti v Commission
Competition
No 179/2022
: 9 November 2022
Law governing the institutions
The General Court confirms the Commission communication refusing to take the action requested in the European citizens’ initiative ‘Minority SafePack - one million signatures for diversity in Europe’ No 178/2022
: 8 November 2022
State aid
Tax rulings: The Court of Justice holds that the General Court was wrong to confirm the reference framework used by the Commission to apply the arm’s length principle to integrated companies in Luxembourg, in failing to take into account the specific rules implementing that principle in that Member State
No 177/2022
: 8 November 2022
Justice and Home Affairs
A national court is required to ascertain of its own motion whether a detention measure taken in respect of an illegally staying foreign national or an asylum seeker is lawful
No 176/2022
: 8 November 2022
Environment and consumers
Approved environmental associations must be able to bring legal proceedings to challenge an EC type-approval of vehicles equipped with ‘defeat devices’ that may be prohibited (see Press Release 41/22)
No 175/2022
: 28 October 2022
Citizenship of the Union
The authorities of a Member State are not to extradite a third-country national to another third country where that national has been convicted by final judgment in another Member State for the same acts as those referred to in the extradition request and has been subject to the sentence imposed in that State
No 174/2022
: 27 October 2022
Approximation of laws
Genetically modified plant varieties: according to the First Advocate General Szpunar, random mutagenesis applied in vitro must be excluded from the scope of EU law concerning deliberate release into the environment of GMOs
No 173/2022
: 27 October 2022
Area of Freedom, Security and Justice
European Arrest Warrant: Advocate General Ćapeta proposes that the term ‘trial resulting in the decision’ is to be interpreted as any step of the proceedings, which has the decisive influence on the deprivation of a person’s liberty.
No 172/2022
: 27 October 2022
Approximation of laws
First Advocate General Szpunar: a national authority should be able to access civil identity data linked to IP addresses where such data are the only means of investigation enabling the identification of the holders of those addresses suspected of online copyright infringement
No 171/2022
: 27 October 2022
Approximation of laws
The controller of personal data is required to take reasonable steps to inform internet search engine providers of a request for erasure by the data subject
No 170/2022
: 20 October 2022
Competition
Merger control: Advocate General Kokott clarifies the standards of proof of the existence of non-coordinated effects satisfying the concept of ‘significant impediment to effective competition’ on an oligopolistic market where the merged entity does not have a dominant position
No 169/2022
: 18 October 2022
Freedom of establishment
The transformation of a company governed by national law into a European company (SE) must not reduce the participation of trade unions in the composition of the Supervisory Board
No 168/2022
: 13 October 2022
Competition
According to Advocate General Kokott, a concentration between undertakings that has not been the subject of any ex ante assessment under merger control law may be assessed ex post on the basis of the prohibition of abuse of a dominant position under primary law
No 167/2022
: 13 October 2022
Principles of Community law
The internal rule of an undertaking prohibiting the visible wearing of religious, philosophical or spiritual signs does not constitute direct discrimination if it is applied to all workers in a general and undifferentiated way
No 166/2022
: 6 October 2022
Transport
The right to compensation for air passengers subject to long delays applies to connecting flights made up of flights operated by separate operating air carriers
No 165/2022
: 6 October 2022
Judgment of the Court of Justice in Case C-250/21
Szef Krajowej Administracji Skarbowej
Taxation
No 164/2022
: 29 September 2022
State aid
Advocate General Pikamäe proposes that the judgment of the General Court and the Commission's decision on the ‘Spanish tax leasing scheme’ should be partially annulled
No 163/2022
: 29 September 2022
Transport
The national authority responsible for the enforcement of the Air Passengers Rights Regulation may, in response to individual complaints, compel a carrier to pay compensation to passengers
No 162/2022
: 28 September 2022
Law governing the institutions
The Parliament’s decision to refuse access to two documents relating to the investigation against Mr Andrej Babiš, the former Czech Prime Minister, on misuse of European funds and potential conflicts of interest is valid.
No 161/2022
: 22 September 2022
Area of Freedom, Security and Justice
Withdrawal of international protection further to a danger to national security: EU law precludes Hungarian legislation which provides that the person concerned or his or her legal representative can access the case file only after obtaining authorisation to that end, and without being provided with the grounds of the decision
No 160/2022
: 22 September 2022
Area of Freedom, Security and Justice
The suspension, due to the Covid-19 pandemic, of the implementation of a decision to transfer an asylum seeker to the Member State responsible does not have the effect of interrupting the six-month time limit for transfer
No 159/2022
: 21 September 2022
Judgment of the General Court in case T-475/21
France v Commission
Agriculture and fisheries
No 158/2022
: 20 September 2022
Principles of Community law
According to Advocate General Rantos, a competition authority may, in exercising its powers, take account of the compatibility of a commercial practice with the General Data Protection Regulation
No 157/2022
: 20 September 2022
Freedom of establishment
The general and indiscriminate retention of traffic data by operators providing electronic communications services for a year from the date on which they were recorded is not authorised, as a preventive measure, for the purpose of combating market abuse offences including insider dealing
No 156/2022
: 20 September 2022
Approximation of laws
The Court of Justice confirms that EU law precludes the general and indiscriminate retention of traffic and location data, except in the case of a serious threat to national security
No 155/2022
: 19 September 2022
No 154/2022
: 16 September 2022
Savvas Papasavvas is re-elected Vice-President of the General Court of the European Union
No 153/2022
: 16 September 2022
Mr Marc van der Woude is re-elected President of the General Court of the European Union
No 152/2022
: 16 September 2022
No 151/2022
: 15 September 2022
Taxation
According to Advocate General Rantos, the provision of the regulation implementing the VAT Directive providing that an online intermediary platform is, in principle, liable to pay VAT is valid
No 150/2022
: 15 September 2022
Approximation of laws
Tourism in times of pandemic : according to Advocate General Medina, if tourist operators are not able to honour the terms of a package travel contract, the pandemic does not exempt them from the obligation to reduce the price and, if it is cancelled, to provide a cash refund unless exceptional difficulties are proven to exist
No 149/2022
: 15 September 2022
Judgment of the Court of Justice in Case C-227/21
HA.EN.
Taxation
No 148/2022
: 15 September 2022
State aid
Corporate income tax in Gibraltar: the national authorities responsible for the recovery of aid classified as unlawful may apply a domestic provision in order to prevent double taxation
No 147/2022
: 14 September 2022
Competition
The General Court largely confirms the Commission’s decision that Google imposed unlawful restrictions on manufacturers of Android mobile devices and mobile network operators in order to consolidate the dominant position of its search engine
No 146/2022
: 13 September 2022
Economic policy
Monetary policy and bank resolution in the Eurozone: the Court sets out the limits of the liability of a central bank in respect of damage incurred by holders of financial instruments cancelled by that bank pursuant to reorganisation measures
No 145/2022
: 8 September 2022
Principles of Community law
Advocate General Ćapeta: Sexual orientation cannot be a reason to refuse to conclude a contract with a self-employed worker
No 144/2022
: 8 September 2022
Environment and consumers
Loans denominated in foreign currency: if the consumer objects, the national court may not replace an unfair term relating to the conversion price with a supplementary provision of national law
No 143/2022
: 8 September 2022
Environment and consumers
The Court provides clarification on the concept of captive breeding of specimens of Hyacinth Macaw
No 142/2022
: 7 September 2022
Area of Freedom, Security and Justice
A third-country national who enjoys a right of residence as a family member of an EU citizen may acquire long-term resident status where he or she satisfies the conditions provided for by EU law
No 141/2022
: 7 September 2022
Judgment of the Court of Justice in Case C-391/20
Boriss Cilevičs and Others
L’obligation de dispenser des programmes d’enseignement supérieur dans la langue officielle de l’État membre peut être conforme à la liberté d’établissement
No 140/2022
: 1 August 2022
Judgment of the Court of Justice in Case C-352/20
HOLD Alapkezelő
Freedom of establishment
No 139/2022
: 1 August 2022
Judgment of the Court of Justice in Case C-19/21
Staatssecretaris van Justitie en Veiligheid (Refus de prise en charge d’un mineur égyptien non accompagné)
Area of Freedom, Security and Justice
No 138/2022
: 1 August 2022
Transport
Ships of humanitarian organisations systematically carrying out activities relating to the search for and rescue of persons at sea may be subject to controls by the port State
No 137/2022
: 1 August 2022
Judgment of the Court of Justice in Case C-501/20
M P A
DFON
No 136/2022
: 1 August 2022
Judgments of the Court of Justice in Cases C-273/20
Bundesrepublik Deutschland (Regroupement familial avec un mineur réfugié)
Justice and Home Affairs
No 135/2022
: 1 August 2022
Judgment of the Court of Justice in Case C-720/20
Bundesrepublik Deutschland
Area of Freedom, Security and Justice
No 134/2022
: 1 August 2022
Judgment of the Court of Justice in Case C-411/20
Familienkasse Niedersachsen-Bremen
Principles of Community law
No 133/2022
: 1 August 2022
Judgment of the Court of Justice in Case C-184/20
Vyriausioji tarnybinės etikos komisija
Principles of Community law
No 132/2022
: 27 July 2022
External relations
The Grand Chamber of the General Court dismisses RT France’s application for annulment of acts of the Council, adopted following the outbreak of the war in Ukraine, temporarily prohibiting that organisation from broadcasting content
No 131/2022
: 14 July 2022
Opinion of the Advocate General in the case C-158/21
Puig Gordi and Others
Area of Freedom, Security and Justice
No 130/2022
: 14 July 2022
Competition
Marketing of perindopril: Advocate General Kokott proposes that the Court of Justice should rule that all agreements concluded by the Servier group with generic pharmaceutical companies constituted restrictions of competition by object and that it should set aside the General Court’s findings regarding the agreements between Servier and Krka, on the one hand, and the definition of the relevant market for the purposes of applying Article 102 TFEU, on the other
No 129/2022
: 14 July 2022
Judgment of the Court of Justice in Case C-168/21
Procureur général près la cour d'appel d'Angers
DFON
No 128/2022
: 14 July 2022
Area of Freedom, Security and Justice
A court of a Member State does not retain jurisdiction to rule on the custody of a child on the basis of the ‘Brussels IIa’ Regulation where the habitual residence of the child has been lawfully transferred, during the proceedings, to the territory of a third State that is a party to the 1996 Hague Convention
No 127/2022
: 14 July 2022
Principles of Community law
A law professor may represent his own university before the General Court and the Court of Justice of the European Union
No 126/2022
: 14 July 2021
Law governing the institutions
Location of the seat of the EMA and the ELA: competence to decide on that matter is for the EU legislature and not the Member States
No 125/2022
: 14 July 2022
Agriculture and fisheries
By failing to stop the use of the designation ‘Feta’ for cheese intended for export to third countries, Denmark has failed to fulfil its obligations under EU law
No 124/2022
: 14 July 2022
Approximation of laws
Software in diesel vehicles which reduces the effectiveness of the emission control system at normal temperatures during most of the year constitutes a prohibited defeat device
No 123/2022
: 13 July 2022
Competition
The General Court upholds the decisions of the Commission accepting a referral request from France, as joined by other Member States, asking it to assess the proposed acquisition of Grail by Illumina
No 122/2022
: 12 July 2022
Energy
The Court declares the action brought by Nord Stream 2 AG against the directive extending certain rules of the internal market in natural gas to pipelines from third countries to be partially admissible
No 121/2022
: 8 July 2021
Judgment of the Court of Justice in Case C-7/21
LKW WALTER
Area of Freedom, Security and Justice
No 120/2022
: 7 July 2022
SERV
Tax regime for short-term rentals imposing obligations on property intermediaries: the freedom to provide services does not preclude the obligation to collect and transmit information or to withhold tax
No 119/2022
: 7 July 2022
Freedom of movement for persons
Child-raising periods completed in other Member States are to be taken into account in the calculation of an old-age pension
No 118/2022
: 6 July 2022
No 117/2022
: 6 July 2022
Intellectual and industrial property
The General Court annuls EUIPO’s decision revoking the EU trade mark BALLON D’OR in respect of entertainment services
No 116/2022
: 6 July 2022
Law governing the institutions
The action brought by Mr Carles Puigdemont i Casamajó and Mr Antoni Comín i Oliveres against the refusal of the former President of the Parliament to recognise their status as Members of the European Parliament and their associated rights is inadmissible
No 115/2022
: 30 June 2022
Judgment of the Court of Justice in Case C-72/22 PPU
Valstybės sienos apsaugos tarnyba
Area of Freedom, Security and Justice
No 114/2022
: 29 June 2022
Judgment of the General Court in case T-306/20
Hijos de Moisés Rodríguez González v EUIPO - Irlande and Ornua (La Irlandesa 1943)
Intellectual and industrial property
No 113/2022
: 28 June 2022
Judgment of the Court of Justice in Case C-278/20
Commission v Spain
Law governing the institutions
No 112/2022
: 22 June 2022
Economic policy
The General Court confirms the withdrawal of AAB Bank’s authorisation as a credit institution
No 111/2022
: 22 June 2022
State aid
The action seeking annulment of the decision by the Commission to approve aid granted by Finland to the airline Finnair is dismissed in its entirety
No 110/2022
: 22 June 2022
Competition
The General Court upholds the Commission’s decision prohibiting the proposed merger between thyssenkrupp and Tata Steel
No 109/2022
: 22 June 2022
Environment and consumers
According to Advocate General Medina, uncontaminated top-quality excavated soil supplied by a construction undertaking to local farmers for improving the cultivation land may not constitute ‘waste’ under EU law
No 108/2022
: 22 June 2022
Competition
The Court specifies the temporal scope of the rules governing the limitation period for bringing an action for damages for infringements of competition law and of the rules governing the quantification of the harm resulting from such infringements and the rebuttable presumption relating to the existence of harm resulting from a cartel
No 107/2022
: 22 June 2022
Environment and consumers
Protection of the capercaillie (Tetrao urogallus) and the Natura 2000 areas hosting the habitat of that wild bird: the Court finds that Slovakia has infringed the Habitats Directive and the Birds Directive
No 106/2022
: 21 June 2022
Official visit to the Court of Justice
No 105/2022
: 21 June 2022
PDON
The Court considers that respect for fundamental rights requires that the powers provided for by the PNR Directive be limited to what is strictly necessary
No 104/2022
: 20 June 2022
Area of Freedom, Security and Justice
The Prestige sinking: The arbitration proceedings initiated in the United Kingdom cannot block the recognition of the Spanish judgment ordering the insurer to pay compensation for the damage caused by the oil spill
No 103/2022
: 16 June 2022
Law governing the institutions
According to Advocate General Szpunar, the appeal brought by Mr Junqueras i Vies against the order of the General Court of the European Union delivered on 15 December 2020 must be dismissed
No 102/2022
: 16 June 2022
Social security for migrant workers
The adjustment of family allowances and of various tax advantages granted by Austria to workers according to their children’s State of residence is contrary to EU law
No 101/2022
: 16 June 2022
Competition
Cartel on the market for optical disk drives: the Court partially annuls the decision of the Commission but upholds the amounts of the fines imposed.
No 100/2022
: 16 June 2022
Draft modernised Energy Charter Treaty: Belgium’s request for an Opinion is inadmissible on account of its premature nature.
No 99/2022
: 15 June 2022
Competition
Abuse of dominance on the LTE chipsets market: the General Court annuls the Commission decision imposing on Qualcomm a fine of approximately €1 billion
No 98/2022
: 9 June 2022
DGEN
Consequences of Brexit: British nationals who used to enjoy the rights attached to European citizenship no longer benefit, after the withdrawal of the United Kingdom from the European Union, from the right to vote and to stand as a candidate in municipal elections in their Member State of residence
No 97/2022
: 8 June 2022
Intellectual and industrial property
Apple and Swatch ‘THINK DIFFERENT’
No 96/2022
: 2 June 2022
Intellectual and industrial property
Online sale of counterfeit Louboutin high-heel shoes: according to Advocate General Szpunar, the specific features of Amazon’s business practices do not support the finding that a sign has been used within the meaning of EU law
No 95/2022
: 2 June 2022
Environment and consumers
Unlawful defeat devices in diesel vehicles: Advocate General Rantos considers that the purchaser of a vehicle equipped with such a device must have a right to compensation against the vehicle manufacturer
No 94/2022
: 2 June 2022
Environment and consumers
The mere extension of the duration of the operation of waste disposal at a landfill does not constitute a substantial change to the operating permit
No 93/2022
: 2 June 2022
Approximation of laws
Effervescent bath bombs: Member States may, under certain conditions, restrict the distribution of cosmetic products which, because they have the appearance of foodstuffs, may be mistaken for foodstuffs and cause health risks
No 92/2022
: 2 June 2022
Principles of Community law
An age limit laid down in the statutes of an organisation of workers for eligibility to stand as sector convenor of that organisation falls within the scope of the ‘Anti-Discrimination’ directive
No 91/2022
: 1 June 2022
External relations
The General Court confirms the restrictive measures adopted by the Council against the Russian businessman Yevgeniy Viktorovich Prigozhin, in view of the situation in Libya
No 90/2022
: 1 June 2022
Economic policy
The actions seeking annulment of the resolution scheme in respect of Banco Popular and/or the Commission decision endorsing that scheme are dismissed in their entirety
No 89/2022
: 19 May 2022
Area of Freedom, Security and Justice
An accused person who cannot be located may be tried or convicted in absentia but has the right, subsequently, to secure the reopening of the proceedings on the merits of the case in his or her presence
No 88/2022
: 19 May 2022
Social security for migrant workers
Ryanair flight and cabin crew not covered by E101 certificates who work for 45 minutes per day in that airline’s premises intended to be used by staff located at Bergamo airport and who, for the remaining working time, are on board that airline’s aircraft are subject to Italian social security legislation
No 87/2022
: 18 May 2022
State aid
The General Court of the European Union confirms that the German aid for the rescue of Condor is compatible with EU law
No 86/2022
: 18 May 2022
Competition
The General Court dismisses the action brought by Canon, which was fined € 28 million by the Commission for failure to comply with merger control rules in its acquisition of Toshiba Medical Systems Corporation
No 85/2022
: 17 May 2022
Approximation of laws
Unfair terms in consumer contracts: national procedural principles cannot impede the rights that individuals derive from EU law
No 84/2022
: 12 May 2022
Competition
The Court of Justice sets out the criteria for defining a dominant position in connection with exclusionary practices on the basis of anticompetitive effects of the conduct of an incumbent operator in the context of the liberalisation of the electricity market
No 83/2022
: 12 May 2022
Area of Freedom, Security and Justice
For the purpose of identifying the law applicable to a maintenance payment, the habitual residence of its recipient is that of the place where the habitual centre of his or her life is located, particularly where it concerns a young child
No 82/2022
: 12 May 2022
SOPO
Compensation in respect of days of paid annual leave not taken and the corresponding holiday bonus pay granted to temporary agency workers must be at least equal to that which would be granted to them if they had been recruited directly by the user undertaking to occupy the same job for the same period of time
No 81/2022
: 11 May 2022
Law governing the institutions
The General Court upholds in part the Czech Republic’s action based on the unjust enrichment of the Commission in so far as it concerns the repayment of an amount equivalent to approximately € 726 000 that that Member State had to pay to that institution in the context of the recovery of anti-dumping duties
No 80/2022
: 11 May 2022
Economic policy
The General Court upholds the decision by which the ECB refused to authorise Silvo Berlusconi’s acquisition of a qualifying holding in Banca Mediolanum
No 79/2022
: 5 May 2022
No 78/2022
: 5 May 2022
Environment and consumers
Advocate General Kokott: Member States may be liable for health damage caused by excessive air pollution
No 77/2022
: 5 May 2022
Area of Freedom, Security and Justice
Advocate General Collins: An arbitral award judgment may be a relevant judgment for the purposes of the Regulation on recognition and enforcement of judgments
No 76/2022
: 5 May 2022
DFON
The Portuguese legislation which provides the basis for the resolution action in respect of Banco Espírito Santo is compatible with the right to property
No 75/2022
: 5 May 2022
Approximation of laws
A trader who offers, on websites such as Amazon, goods which he has not himself produced must inform the consumer of the manufacturer’s guarantee if that guarantee has been made a central or essential element of the offer
No 74/2022
: 5 May 2022
Citizenship of the Union
A relationship of dependency capable of justifying the grant of a derived right of residence to the parent, who is a non-EU national, of a minor, who is a Union citizen, is presumed where that parent lives on a stable basis with the other parent, who is a Union citizen, of that minor
No 73/2022
: 4 May 2022
State aid
The General Court upholds the Commission’s decision approving rescue aid of €36 660 000 granted by Romania to the airline TAROM
No 72/2022
: 28 April 2022
Freedom of establishment
Advocate General Richard de la Tour: the transformation of a German public limited company into a European company does not make it possible to dispense with the specific ballot for the election of trade union representatives to the Supervisory Board
No 71/2022
: 28 April 2022
Area of Freedom, Security and Justice
The concept of "force majeure" rendering impossible the execution of a European arrest warrant does not extend to legal obstacles which arise from legal actions brought by the requested person
No 70/2022
: 28 April 2022
A certificate from the authorities of a third State on the conformity of a consignment of wine with the oenological practices of the European Union does not by itself constitute evidence of compliance with those practices for the purposes of the marketing of that wine within the European Union
No 69/2022
: 28 April 2022
SOPO
Corporate insolvency and employees’ rights: in the event of a transfer of assets in the context of a pre-pack procedure, the transferee is entitled to derogate from the obligation to safeguard employees’ rights if that procedure is governed by statutory or regulatory provisions
No 68/2022
: 28 April 2022
Principles of Community law
Consumer protection associations may bring representative actions against infringements of personal data protection
No 67/2022
: 27 April 2022
SANT
COVID certificate and access to the buildings of the European Parliament: the General Court of the European Union dismisses the action of certain Members of the European Parliament
No 66/2022
: 27 April 2022
Freedom of establishment
Belgian regional legislation requiring providers of property intermediation services and, in particular, operators of an electronic accommodation platform to transmit to the tax authorities certain particulars of tourist accommodation transactions is not contrary to EU law
No 65/2022
: 26 April 2022
Intellectual and industrial property
The obligation, on online content-sharing service providers, to review, prior to its dissemination to the public, the content that users wish to upload to their platforms, is accompanied by the necessary safeguards to ensure that that obligation is compatible with freedom of expression and information
No 64/2022
: 26 April 2022
Area of Freedom, Security and Justice
Where there is a serious threat to its public policy or internal security, a Member State may reintroduce border control at its borders with other Member States, but without exceeding a maximum total duration of six months
No 63/2022
: 22 April 2022
No 62/2022
: 7 April 2022
Freedom of establishment
Slot machines: According to Advocate General Rantos, the fight against the risks associated with gambling addiction may justify a reduction in the commission and fees payable to licence holders
No 61/2022
: 7 April 2022
DFON
According to Advocate General Pitruzzella, a request for de-referencing on the basis of information alleged to be false requires the operator of the search engine to carry out the checks which fall within its specific capacities
No 60/2022
: 7 April 2022
Approximation of laws
Contract by electronic means: in order to be validly bound by such a contract, consumers must clearly understand on the basis only of the words appearing on the ordering button that as soon they click on that button they will be under an obligation to pay
No 59/2022
: 7 April 2022
Transport
Passengers of a delayed flight may claim compensation from a non-EU air carrier where that carrier operates the entirety of the flight on behalf of an EU carrier
No 58/2022
: 5 April 2022
Approximation of laws
The Court confirms that EU law precludes the general and indiscriminate retention of traffic and location data relating to electronic communications for the purposes of combating serious crime
No 57/2022
: 31 March 2022
DFON
Advocate General Rantos: the executing judicial authority may not refuse to execute a European arrest warrant on the ground that some of the various acts punishable as a single offence in the issuing Member State are not punishable under the criminal law of the executing Member State
No 56/2022
: 31 March 2022
Environment and consumers
Online purchase of tickets for cultural or sporting events: the Court of Justice specifies the cases in which there is no right of withdrawal
No 55/2022
: 31 March 2022
Approximation of laws
Loans denominated in foreign currencies: a non-binding opinion of a supreme court, indicating to the lower courts the approach to take in declaring a consumer contract valid where that contract cannot continue to exist as a result of the unfairness of a term relating to the main subject-matter of that contract, is not sufficient to ensure that the persons harmed by that term are fully protected
No 54/2022
: 30 March 2022
Order of the President of the General Court in case T-125/22
RT France v Council
Opération militaire en Ukraine : le président du Tribunal rejette la demande de RT France visant à suspendre les sanctions adoptées par le Conseil
No 53/2022
: 30 March 2022
Competition
Cartel on the airfreight market: the General Court rules on actions brought by multiple airlines
No 52/2022
: 29 March 2022
Approximation of laws
The mere fact that a judge was appointed at a time when that judge's Member State was not a democratic regime does not affect the independence and impartiality of that judge
No 51/2022
: 24 March 2022
Agriculture and fisheries
The list of ingredients of a food containing a vitamin is not required to mention the specific vitamin formulation used
No 50/2022
: 24 March 2022
Freedom of establishment
The ‘private copying’ exception under the Copyright Directive applies to the storage in the cloud of a copy of a protected work for private purposes
No 49/2022
: 22 March 2022
DFON
Duplication of proceedings and penalties of a criminal nature in competition law: the Court specifies the protection against double jeopardy provided by EU law
No 48/2022
: 22 March 2022
Principles of Community law
The Court declares inadmissible the request for a preliminary ruling from a Polish court, asking whether EU law confers on it the power, which it does not have under Polish law, to find that a judge's service relationship does not exist due to irregularities vitiating the instrument of his appointment
No 47/2022
: 17 March 2022
Agriculture and fisheries
Advocate General Ćapeta: by failing to stop the use by Danish producers of the registered name ‘Feta’ for cheese intended for export to third countries, Denmark has failed to fulfil its obligations under EU law
No 46/2022
: 16 March 2022
Energy
The General Court declares inapplicable the provisions of Regulation 2017/459 relating to the process for the creation of incremental capacity for gas transmission
No 45/2022
: 15 March 2022
Freedom of establishment
Freedom of the press: the disclosure by a journalist of inside information relating to the forthcoming publication of an article reporting rumours concerning companies listed on the stock exchange is lawful where it is necessary for the purpose of carrying out a journalistic activity and respects the principle of proportionality
No 44/2022
: 10 March 2022
Free movement of capital
Persons deprived of their rights of usufruct over agricultural land in Hungary in breach of EU law must be able to claim the reinstatement of those rights in the land register or compensation
No 43/2022
: 8 March 2022
Freedom of establishment
Posting of workers: national courts must ensure that penalties for non-compliance with administrative obligations are proportionate
No 42/2022
: 8 March 2022
Own resources of the Communities
The United Kingdom has failed to fulfil its obligations in relation to customs control and the availability of EU own resources by failing to adopt the measures necessary to combat fraud with regards to undervalued imports of textiles and footwear from China
No 41/2022
: 3 March 2022
Environment and consumers
Advocate General Rantos: approved environmental associations must be able to bring legal proceedings to challenge an EC type-approval of vehicles equipped with ‘defeat devices’ that may be prohibited
No 40/2022
: 2 March 2022
No 39/2022
: 24 February 2020
DGEN
Advocate General Collins: British nationals who enjoyed the benefits of Union citizenship do not retain those advantages following the UK’s withdrawal from the EU
No 38/2022
: 24 February 2022
Freedom of establishment
Combatting tobacco consumption among young people: Member States may impose administrative sanctions on economic operators who infringe the prohibition on sales to minors, such as suspension of their trading licence for a period of 15 days
No 37/2022
: 24 February 2022
SOPO
Spanish legislation excluding domestic workers from unemployment benefit while they are almost exclusively women is contrary to EU law
No 36/2022
: 24 February 2022
Freedom of establishment
Court of Justice clarifies the scope of the pre-contractual information disclosure obligation in relation to ‘unit-linked’ group life assurance contracts
No 35/2022
: 23 February 2022
Intellectual and industrial property
The General Court confirms that the figurative sign ANDORRA cannot be registered as an EU trade mark for several goods and services
No 34/2022
: 23 February 2022
Law governing the institutions
The General Court dismisses two actions for damages brought by UPS and ASL Aviation Holdings
No 33/2022
: 22 February 2022
Transport
According to Advocate General Rantos, the compliance with international standards of private ships engaged in regular sea search and rescue activities may be monitored by the port State
No 32/2022
: 22 February 2022
DFON
Refusal to execute a European arrest warrant: the Court of Justice specifies the criteria permitting an executing judicial authority to assess whether there is any risk of breach of the requested person’s fundamental right to a fair trial
No 31/2022
: 22 February 2022
Law governing the institutions
EU law precludes a national rule under which national courts have no jurisdiction to examine the conformity with EU law of national legislation which has been held to be constitutional by a judgment of the constitutional court of the Member State
No 30/2022
: 22 February 2022
Area of Freedom, Security and Justice
A Member State may exercise its option to declare an application for international protection inadmissible on the ground that the applicant has already been granted refugee status by another Member State
No 29/2022
: 22 February 2022
Freedom of establishment
Filter cigarettes: the method which has been established by ISO for determining the maximum emission levels for tar, nicotine and carbon monoxide and to which EU law refers is valid and binding on cigarette manufacturers
No 28/2022
: 16 February 2022
Principles of Community law
Measures for the protection of the Union budget: the Court of Justice, sitting as a full Court, dismisses the actions brought by Hungary and Poland against the conditionality mechanism which makes the receipt of financing from the Union budget subject to the respect by the Member States for the principles of the rule of law
No 27/2022
: 10 February 2022
Area of Freedom, Security and Justice
The period of residence required in order for the courts of a Member State to exercise their jurisdiction to hear and determine an application for divorce may legitimately vary according to the nationality of the applicant
No 26/2022
: 10 February 2022
SOPO
A worker with a disability, including a worker doing a traineeship as part of his or her recruitment, who is declared incapable of performing the essential duties of the post that he or she occupies, may benefit from reassignment to another post for which he or she is competent, capable and available
No 25/2022
: 9 February 2022
Competition
The General Court annuls the decision of the Commission rejecting a complaint against PKP Cargo, a company controlled by the Polish State, concerning an alleged abuse of its dominant position on the market for rail freight transport services in Poland
No 24/2022
: 3 February 2022
Transport
Advocate General Ćapeta: the Court of Justice should find that it has jurisdiction to interpret the CUI Uniform Rules because the EU has exercised its shared competence by acceding to COTIF
No 23/2022
: 3 February 2022
Environment and consumers
Advocate General Pikamäe: By extending the development consent for lignite mining in the Turów mine by six years without carrying out an environmental impact assessment, Poland infringed EU law
No 22/2022
: 2 February 2022
Competition
The General Court annuls the Commission’s decision to reject a complaint lodged by a Polish wholesaler
No 21/2022
: 2 February 2022
Competition
The General Court dismisses the action brought against a decision by the Commission to make binding on Gazprom commitments proposed by the latter in order to address competition concerns raised by the former in relation to the national markets for the upstream wholesale supply of gas in the countries of eastern and central Europe
No 20/2022
: 2 February 2022
Competition
The General Court dismisses Scania’s action and maintains the fine of €880.52 million imposed by the Commission for Scania’s participation in a cartel between truck manufacturers
No 19/2022
: 27 January 2022
Area of Freedom, Security and Justice
According to Advocate General Pitruzzella, the transfer and the generalised and undifferentiated automated processing of PNR data are compatible with the fundamental rights to respect for private life and to the protection of personal data
No 18/2022
: 27 January 2022
Freedom of movement for persons
National legislation requiring Spanish tax residents to declare their overseas assets or rights is contrary to EU law
No 17/2022
: 27 January 2022
Agriculture and fisheries
The Court of Justice interprets the provisions of EU law relating to compensation payments granted under Natura 2000
No 16/2022
: 26 January 2022
Competition
The General Court annuls in part the Commission decision imposing a fine of € 1.06 billion on Intel
No 15/2022
: 25 January 2022
State aid
The General Court erred in law in finding that the Commission lacked competence to examine, in the light of the law on State aid, the compensation paid to Swedish investors by Romania in implementation of an arbitral award
No 14/2022
: 25 January 2022
Approximation of laws
The Court of Justice rules that Directive 2012/19 on waste electrical and electronic equipment is partially invalid, in so far as it obliges producers of photovoltaic panels to finance the costs relating to the management of waste from those panels where they were placed on the market on a date prior to the date on which that directive entered into force
No 13/2022
: 20 January 2022
Law governing the institutions
Advocate General Collins: EU law precludes a national provision or practice according to which national courts have no jurisdiction to examine if a provision of national law, that a decision of the constitutional court of the Member State has found to be constitutional, is in conformity with EU law
No 12/2022
: 20 January 2022
Opinions of the Advocate General in joined cases C-37/20
Luxembourg Business Registers,C-601/20 Sovim
Approximation of laws
No 11/2022
: 20 January 2022
Social security for migrant workers
According to Advocate General Richard de la Tour, the indexation of the family allocation and tax advantages granted by Austria to workers whose children permanently reside in another Member State is contrary to EU law
No 10/2022
: 20 January 2022
Area of Freedom, Security and Justice
A third-country national does not lose his or her long-term resident status if his or her presence in the territory of the European Union is limited, during a period of 12 consecutive months, to only a few days
No 9/2022
: 20 January 2022
Judgment of the Court of Justice in Case C-899/19
Romania v Commission
Citizenship of the Union
No 8/2022
: 20 January 2022
State aid
Greece is ordered to make a lump sum payment of €5 500 000 and periodic penalty payments of over €4 000 000 for every six months’ delay for failure to recover State aid granted to Larco
No 7/2022
: 19 January 2022
Competition
The General Court awards Deutsche Telekom compensation in the amount of approximately € 1.8 million for the harm which it suffered as a result of the European Commission’s refusal to pay it default interest on the amount of the fine which it had unduly paid for an infringement of competition rules
No 6/2022
: 18 January 2022
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