Preasráitis
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Press releases are intended to inform the general public and journalists in an accessible style, about matters of media interest or which have an impact on the lives of citizens. They also cover major institutional events.
The Court also produces
résumés
of the most important decisions. Résumés are primarily intended for an informed public, particularly lawyers, who wish to have a more detailed overview of the decisions adopted by the Court of Justice and the General Court.
N° 173/2020
: 22 December 2020
N° 172/2020
: 17 December 2020
DFON
Advocate General Hogan : EU Law does not preclude national constitutional provisions under which the executive power or one of its members, such as the Prime Minister, plays a role in the process of the appointment of members of the judiciary
N° 171/2020
: 17 December 2020
Law governing the institutions
Advocate General Tanchev: Polish law introduced in order to exclude the possibility for legal review of the National Council of the Judiciary’s assessment of judicial candidates to the Supreme Court violates EU law
N° 170/2020
: 17 December 2020
Environment and consumers
A manufacturer cannot install a defeat device which systematically improves, during approval procedures, the performance of the vehicle emission control system and thus obtain approval of the vehicle
N° 169/2020
: 17 December 2020
Judgment of the Court of Justice in Case C-416/20 PPU
Generalstaatsanwaltschaft Hamburg
Area of Freedom, Security and Justice
N° 168/2020
: 17 December 2020
Agriculture and fisheries
EU law prohibits the reproduction of the shape or appearance of a product protected by a PDO in certain circumstances
N° 167/2020
: 17 December 2020
DISC
A Union citizen may be extradited to a third State only after consultation with the Member State of which that citizen is a national
N° 166/2020
: 17 December 2020
Taxation
The supply of heat by a group of residential property owners to its members is subject to VAT
N° 165/2020
: 17 December 2020
Approximation of laws
Information as to the ‘function’ of a cosmetic product which must appear on the product’s container and its packaging must inform consumers clearly as to that product’s purpose and method of use
N° 164/2020
: 17 December 2020
Area of Freedom, Security and Justice
The existence of evidence of systemic or generalised deficiencies concerning judicial independence in Poland or of an increase in those deficiencies does not in itself justify the judicial authorities of the other Member States refusing to execute any European arrest warrant issued by a Polish judicial authority
N° 163/2020
: 17 December 2020
Agriculture and fisheries
In order to promote animal welfare in the context of ritual slaughter, Member States may, without infringing the fundamental rights enshrined in the Charter, require a reversible stunning procedure which cannot result in the animal’s death
N° 162/2020
: 17 December 2020
Privileges and immunities
By unilaterally seizing documents that are part of the archives of the ECB, Slovenia failed to fulfil its obligation to respect the principle of the inviolability of the archives of the Union.
N° 161/2020
: 17 December 2020
Area of Freedom, Security and Justice
Hungary has failed to fulfil its obligations under EU law in the area of procedures for granting international protection and returning illegally staying third-country nationals
N° 160/2020
: 16 December 2020
Law governing the institutions
The Court of Justice upholds the judgments of the General Court in so far as it dismissed the actions for damages brought by a number of individuals and companies on account of acts and conduct adopted by the EU institutions in connection with financial assistance granted to Cyprus that was conditional upon the restructuring of its banking sector
N° 159/2020
: 16 December 2020
Competition
The General Court confirms that the rules of the International Skating Union (ISU) providing for severe penalties for athletes taking part in speed skating events not recognised by it are contrary to EU competition law
N° 158/2020
: 15 December 2020
Law governing the institutions
The General Court declares the action brought by Mr Junqueras i Vies, against the statement by the European Parliament that his seat was vacant, to be inadmissible
N° 157/2020
: 9 December 2020
Competition
The Court of Justice annuls a Commission decision making binding the commitments offered by a company in order to preserve competition on the markets
N° 156/2020
: 8 December 2020
Area of Freedom, Security and Justice
Unlike a European arrest warrant, a European investigation order may be adopted by the public prosecutor’s office of a Member State exposed to the risk of being subject to individual instructions from the executive
N° 155/2020
: 8 December 2020
Freedom of movement for persons
The Court dismisses the actions brought by Hungary and Poland seeking the annulment of the directive strengthening the rights of posted workers
N° 154/2020
: 3 December 2020
Transport
According to Advocate General Pikamäe, the mere diversion of a flight to an alternative airport which is near the airport for which the booking was made does not give rise to a right to lump-sum compensation
N° 153/2020
: 3 December 2020
State aid
Tax rulings: According to Advocate General Kokott, the Commission was right to consider that the Belgian practice of making downward adjustments to profits of undertakings forming part of multinational groups constituted an aid scheme
N° 152/2020
: 3 December 2020
According to Advocate General Kokott, the excessive abstraction of groundwater in the Andalusian Doñana natural area infringes EU law
N° 151/2020
: 3 December 2020
Law governing the institutions
According to Advocate General Bobek, the Court should dismiss Hungary’s action against the Parliament’s resolution on the triggering of a procedure for determining the existence of a clear risk of a serious breach by this Member State of the EU’s fundamental values
N° 150/2020
: 3 December 2020
Agriculture and fisheries
The Brussels Capital Region’s action for annulment of the Commission’s Implementing Regulation renewing the approval of the active substance ‘glyphosate’ is inadmissible
N° 149/2020
: 3 December 2020
Approximation of laws
A service that puts taxi passengers directly in touch with taxi drivers by means of an electronic application constitutes an information society service where it does not form an integral part of an overall service the principal component of which is the provision of transport
N° 148/2020
: 1 December 2020
Freedom of establishment
The directive concerning the posting of workers in the framework of the provision of services is applicable to the transnational provision of services in the road transport sector
N° 147/2020
: 24 November 2020
Area of Freedom, Security and Justice
A hotel using the platform Booking.com may, in principle, bring proceedings against Booking.com before a court of the Member State in which that hotel is established in order to bring to an end a possible abuse of a dominant position
N° 146/2020
: 24 November 2020
Area of Freedom, Security and Justice
Public prosecutors in the Netherlands do not constitute an ‘executing judicial authority’ in connection with the execution of a European arrest warrant, given that they may be subject to instructions in specific cases from the Netherlands Minister for Justice
N° 145/2020
: 24 November 2020
Area of Freedom, Security and Justice
A Member State which adopts a decision refusing a ‘Schengen’ visa because of an objection raised by another Member State must indicate, in that decision, the identity of the Member State concerned and the specific ground for refusal based on that objection, accompanied, where appropriate, by the reasons for that objection
N° 144/2020
: 19 November 2020
Environment and consumers
In the opinion of Advocate General Juliane Kokott, the hunting of thrushes and blackbirds using limes, which is authorised in southern France, may be compatible with the EU Birds Directive if it is of significant cultural importance and if all other conditions placed on a derogation from the general prohibition are fulfilled
N° 143/2020
: 19 November 2020
Principles of Community law
Advocate General Bobek: The prohibition of double jeopardy applicable to the Schengen area may also bar extradition to a third State
N° 142/2020
: 19 November 2020
Area of Freedom, Security and Justice
In the context of the civil war in Syria, there is a strong presumption that refusal to perform military service there is connected to a reason which may give rise to entitlement to recognition as a refugee
N° 141/2020
: 19 November 2020
Agriculture and fisheries
A Member State may not prohibit the marketing of cannabidiol (CBD) lawfully produced in another Member State when it is extracted from the Cannabis sativa plant in its entirety and not solely from its fibre and seeds
N° 140/2020
: 18 November 2020
Competition
The General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position on the Lithuanian rail freight market
N° 139/2020
: 18 November 2020
SOPO
A national collective agreement may reserve to mothers alone an additional maternity leave
N° 138/2020
: 12 November 2020
Area of Freedom, Security and Justice
AG Campos Sánchez-Bordona: the worsening of the generalised deficiencies affecting judicial independence in Poland do not justify the automatic non-execution of every European Arrest Warrant issued by that Member State
N° 137/2020
: 11 November 2020
Approximation of laws
A contract for the provision of telecommunications services containing a clause stating that the customer has consented to the collection and storage of his or her identity document cannot demonstrate that that customer has validly given his or her consent where the box referring to that clause has been ticked by the data controller before the contract was signed
N° 136/2020
: 10 November 2020
Environment and consumers
Italy has infringed EU law on ambient air quality
N° 135/2020
: 29 October 2020
State aid
According to Advocate General Tanchev, the Court should dismiss the appeal of the Commission against the judgment of the General Court on support measures adopted by an Italian consortium of banks for the benefit of one of its members
N° 134/2020
: 29 October 2020
Social security for migrant workers
The refusal by a patient’s Member State of affiliation to grant prior authorisation for the reimbursement of cross-border healthcare costs when effective hospital treatment is available in that Member State but the method of treatment used is against the insured person’s religious beliefs brings about a difference in treatment indirectly based on religion
N° 133/2020
: 28 October 2020
Taxation
Traffic police-related costs cannot be taken into account in the calculation of tolls for the use of the trans-European road network by heavy goods vehicles
N° 132/2020
: 15 October 2020
According to Advocate General Kokott, the Polish tax on the retail sector and the Hungarian advertisement tax do not infringe EU State aid rules
N° 131/2020
: 8 October 2020
Order of the Court of Justice in Case C-201/20 P(R)
Junqueras i Vies v Parliament
Law governing the institutions
N° 130/2020
: 8 October 2020
Freedom of establishment
A customer may submit a complaint against the operator of the national grid following a power failure
N° 129/2020
: 8 October 2020
Approximation of laws
France validly informed the Commission of the need to take measures intended, in particular, to protect bees
N° 128/2020
: 6 October 2020
Entrée en fonctions des nouveaux membres à la Cour de justice de l’Union européenne
N° 127/2020
: 6 October 2020
DFON
The right to an effective remedy guaranteed by the Charter of Fundamental Rights of the European Union requires that persons who hold information that is requested by the national administration, in the context of a cooperation procedure between Member States, must be able to bring a direct action against such a request. Nevertheless, Member States may deny the taxpayer subject to the tax investigation and the third parties concerned by the information in question the right to bring such a direct action, provided that there are other remedies enabling them to obtain an incidental review of that request
N° 126/2020
: 6 October 2020
Judgment of the Court of Justice in Case C-181/19
Jobcenter Krefeld
Freedom of movement for persons
N° 125/2020
: 6 October 2020
Freedom of establishment
The conditions introduced by Hungary to enable foreign higher education institutions to carry out their activities in its territory are incompatible with EU law
N° 124/2020
: 6 October 2020
Law governing the institutions
The Court of Justice upholds the judgment of the General Court dismissing Bank Refah Kargaran’s action for damages for the harm suffered as a result of the restrictive measures adopted concerning it
N° 123/2020
: 6 October 2020
Approximation of laws
The Court of Justice confirms that EU law precludes national legislation requiring a provider of electronic communications services to carry out the general and indiscriminate transmission or retention of traffic data and location data for the purpose of combating crime in general or of safeguarding national security
N° 122/2020
: 5 October 2020
Competition
The General Court annuls in part the Commission’s inspection decisions following suspicions of anticompetitive practices by a number of French undertakings in the distribution sector
N° 121/2020
: 1 October 2020
Freedom of establishment
A Member State of destination of an online sales service relating to medicinal products not subject to medical prescription may not prohibit pharmacies that are established in another Member State and sell such products from using paid referencing on search engines and price comparison websites
N° 120/2020
: 1 October 2020
Approximation of laws
EU legislation harmonising the mandatory indication of the country of origin or place of provenance of foods and, in particular, of milk does not preclude the adoption of national measures imposing certain additional particulars regarding origin or provenance
N° 119/2020
: 29 September 2020
Economic policy
According to Advocate General Pitruzzella, EU law provides that creditors have an obligation in principle to accept cash in euros for the payment of monetary debts
N° 118/2020
: 28 September 2020
N° 117/2020
: 24 September 2020
Area of Freedom, Security and Justice
A measure involving deprivation of liberty taken against a person referred to in a first European Arrest Warrant (EAW) on the basis of a prior offence different from the one which justified his surrender under a second EAW is not contrary to EU law if that person’s departure from the Member State that issued the first EAW was voluntary
N° 116/2020
: 23 September 2020
State aid
The Spanish tax system applicable to certain finance lease agreements entered into by shipyards constitutes an aid scheme
N° 115/2020
: 23 September 2020
Economic policy
The General Court annuls the decision of the Single Resolution Board on the calculation of the 2017 ex-ante contributions to the Single Resolution Fund and declares that Delegated Regulation 2015/63 is unlawful in part
N° 114/2020
: 23 September 2020
New accessions
According to Advocate General Bobek, the interim appointment of the Chief Judicial Inspector and the national provisions on the establishment of a specific prosecution section with exclusive jurisdiction for offences committed by members of the judiciary are contrary to EU law
N° 113/2020
: 23 September 2020
SERV
The principle of the freedom to provide services and the directive on cross-border healthcare preclude national legislation which excludes the reimbursement without prior authorisation of the costs connected to emergency surgery undergone by an insured person, who is a resident of a Member State, in another Member State
N° 112/2020
: 22 September 2020
State aid
The Court of Justice confirms the Commission decision approving United Kingdom aid for Hinkley Point C nuclear power station
N° 111/2020
: 22 September 2020
Freedom of establishment
National legislation making the repeated short-term letting of accommodation to a transient clientele which does not take up residence there subject to authorisation is consistent with EU law
N° 110/2020
: 18 September 2020
Freedom of establishment
EU law precludes a Member State from excluding performers who are nationals of States outside the EEA from the right to a single equitable remuneration for the playing of recorded music
N° 109/2020
: 17 September 2020
State aid
Seized with an interpretation request concerning the arrangements for implementing a Commission decision penalising France for State Aid declared incompatible with the common market, the Court of Justice rules that the decision is invalid
N° 108/2020
: 17 September 2020
Intellectual and industrial property
The Court of Justice dismisses the appeals brought by EUIPO and a Spanish company against the judgment of the General Court authorising football player Lionel Messi to register the trade mark ‘MESSI’ for sports equipment and clothing
N° 107/2020
: 17 September 2020
External relations
The Court of Justice upholds the judgment of the General Court dismissing an action brought against the restrictive measures imposed on Russian oil companies that are members of the Rosneft group in the context of the Ukraine crisis
N° 106/2020
: 15 September 2020
Freedom of establishment
The Court interprets, for the first time, the EU regulation enshrining ‘internet neutrality’
N° 105/2020
: 10 September 2020
N° 104/2020
: 10 September 2020
Agriculture and fisheries
AG Hogan proposes that the Flemish Law prohibiting slaughter of animals without stunning including those subject to particular methods of slaughter prescribed by religious rites is not permitted under EU law
N° 103/2020
: 10 September 2020
Freedom of establishment
According to Advocate General Szpunar, the embedding in a webpage of works from other websites by means of automatic links (inline linking) requires the authorisation of the holder of the rights in those works
N° 102/2020
: 10 September 2020
Approximation of laws
According to Advocate General Szpunar, a service that puts taxi passengers directly in touch, via an electronic application, with taxi drivers constitutes an Information Society service
N° 101/2020
: 9 September 2020
Agriculture and fisheries
The General Court dismisses Slovenia’s action for annulment of the delegated regulation pursuant to which the designation ‘Teran’ may be used on the labels of Croatian wines
N° 100/2020
: 3 September 2020
Transport
Passengers whose flights have been cancelled or subject to a long delay may demand payment of the compensation provided for under EU law in the national currency of their place of residence
N° 99/2020
: 3 September 2020
Approximation of laws
The provision of Italian law preventing Vivendi from acquiring 28% of the capital in Mediaset is contrary to EU law
N° 98/2020
: 17 July 2020
Own resources of the Communities
The General Court dismisses an action seeking a declaration that the European Council unlawfully refused to exclude the Czech Prime Minister, on the basis of an alleged conflict of interest, from the meetings of that institution concerning the adoption of the Multiannual Financial Framework of the European Union 2021/2027
N° 97/2020
: 16 July 2020
Agriculture and fisheries
Advocate General Bobek argues in favour of a more open interpretation of the criteria of direct concern
N° 96/2020
: 16 July 2020
Freedom of establishment
According to Advocate General Saugmandsgaard Øe, as EU law currently stands, online platform operators, such as YouTube and Uploaded, are not directly liable for the illegal uploading of protected works by the users of those platforms
N° 95/2020
: 16 July 2020
Area of Freedom, Security and Justice
The date to be taken into account, in order to determine whether a family member of a sponsor is a ‘minor child’ is the date of submission of the application for entry and residence
N° 94/2020
: 16 July 2020
Area of Freedom, Security and Justice
Member States must grant compensation to all victims of violent intentional crime, including to those victims residing in their own territory
N° 93/2020
: 16 July 2020
Social security for migrant workers
The employer of drivers of heavy goods vehicles employed in international longdistance transport is the transport undertaking that has actual authority over those drivers, that bears, in reality, the cost of their wages and that has actual power to dismiss them
N° 92/2020
: 16 July 2020
Own resources of the Communities
Romania and Ireland are ordered to pay the Commission a lump sum of €3,000,000 and €2,000,000 respectively
N° 91/2020
: 16 July 2020
Approximation of laws
The Court of Justice invalidates Decision 2016/1250 on the adequacy of the protection provided by the EU-US Data Protection Shield
N° 90/2020
: 15 July 2020
State aid
The General Court of the European Union annuls the decision taken by the Commission regarding the Irish tax rulings in favour of Apple
N° 89/2020
: 9 July 2020
Approximation of laws
A contractual term which has not been negotiated but which reflects a rule that, under national law, applies between parties provided that no other arrangements have been established in that respect, falls outside the scope of EU law on unfair terms in consumer contracts
N° 88/2020
: 9 July 2020
Approximation of laws
When a film is unlawfully uploaded onto an online platform, such as YouTube, the rightholder may, under the directive on the enforcement of intellectual property rights, require the operator to provide only the postal address of the user concerned, but not his or her email, IP address or telephone number
N° 87/2020
: 9 July 2020
Area of Freedom, Security and Justice
A motor vehicle manufacturer whose unlawfully manipulated vehicles are resold in other Member States may be sued in the courts of those States
N° 86/2020
: 9 July 2020
Approximation of laws
National legislation may provide for a time limit for an action for reimbursement based on an unfair term in a contract concluded between a seller or supplier and a consumer
N° 85/2020
: 9 July 2020
Principles of Community law
The Petitions Committee of the Parliament of a Federated State of a Member State is subject to the General Data Protection Regulation
N° 84/2020
: 9 July 2020
Environment and consumers
Legal persons governed by public law may be liable for environmental damage caused by activities carried out in the public interest pursuant to a statutory assignment of tasks, such as the operation of a pumping station for the purpose of draining agricultural land
N° 83/2020
: 8 July 2020
SANT
The General Court dismisses the action brought by two Brazilian meat producers seeking the annulment of the regulation prohibiting, for public health reasons, the export to the European Union of certain products of animal origin from establishments belonging to those producers
N° 82/2020
: 8 July 2020
Economic policy
The General Court delivers its first four judgments concerning decisions of the European Central Bank imposing pecuniary penalties as part of its prudential supervision of credit institutions
N° 81/2020
: 8 July 2020
Competition
The General Court orders that the fine imposed on Infineon for its participation in a cartel in the smart card chip market be reduced by almost €6 million, from €82,784,000 to €76,871,600
N° 80/2020
: 2 July 2020
DFON
According to Advocate General Kokott, the addressee, the taxpayer concerned and other concerned third parties must be able to obtain judicial review of an order to provide information made in the context of the cross-border exchange of information between tax authorities
N° 79/2020
: 25 June 2020
Area of Freedom, Security and Justice
According to Advocate General Pikamäe, Hungary has failed to fulfil obligations arising from EU law in relation to a substantial part of its national legislation on asylum procedures and the return of illegally staying third-country nationals
N° 78/2020
: 25 June 2020
Law governing the institutions
The European Parliament was entitled to adopt the EU budget for 2018 in Brussels, at second reading
N° 77/2020
: 25 June 2020
Environment and consumers
An order and a circular that set out the general conditions for the grant of development consent for the installation and operation of wind turbines must themselves be the subject of a prior environmental assessment
N° 76/2020
: 25 June 2020
Freedom of movement for persons
Workers are entitled, for the period between an unlawful dismissal and reinstatement as an employee, to annual paid leave or, at the end of the employment relationship, to a payment in lieu of such leave not taken
N° 75/2020
: 25 June 2020
Area of Freedom, Security and Justice
Judicial authorities adjudicating on the detention of a third-country national without a legal right of residence can receive an application for international protection and must inform the person concerned of the specific procedures for lodging such an application
N° 74/2020
: 18 June 2020
Area of Freedom, Security and Justice
A family member of an EU citizen who is not a national of a Member State but who holds a permanent residence card shall be exempt from the visa requirement for entry into the territory of the Member States.
N° 73/2020
: 18 June 2020
Free movement of capital
The restrictions imposed by Hungary on the financing of civil organisations by persons established outside that Member State do not comply with EU law
N° 72/2020
: 11 June 2020
Environment and consumers
The strict protection of animal species provided for in the Habitats Directive also extends to specimens that leave their natural habitat and stray into human settlements
N° 71/2020
: 11 June 2020
Freedom of establishment
The fact that in the Slovak Republic, the power to appoint and to dismiss the president of the national regulatory authority passed from the President of the Republic to the government does not in itself constitute an infringement of the electricity market directive
N° 70/2020
: 11 June 2020
Approximation of laws
Pharmaceutical companies may not distribute to pharmacists free samples of medicinal products available only on prescription
N° 69/2020
: 11 June 2020
DISC
The general prohibition of discrimination on grounds of nationality cannot be the basis for challenging a clause, contained in a contract concluded between a manufacturer of medical devices and an insurance company, that places a territorial limit on civil liability insurance coverage
N° 68/2020
: 11 June 2020
Transport
The unruly behaviour of an air passenger may constitute an ‘extraordinary circumstance’ capable of exempting the carrier from its obligation to pay compensation for the cancellation or long delay of the flight concerned or of a subsequent flight operated by that carrier using the same aircraft
N° 67/2020
: 11 June 2020
State aid
The Court of Justice upholds the decision of the Commission according to which health insurance bodies operating under Slovak State supervision do not fall within the rules of EU law on State aid
N° 66/2020
: 4 June 2020
Competition
Advocate General Kokott proposes that the Court of Justice should uphold the fine of almost €94 million imposed on the Lundbeck pharmaceutical group in the context of agreements intended to delay the marketing of generic versions of its antidepressant medicinal product citalopram
N° 65/2020
: 28 May 2020
Competition
The General Court annuls the Commission’s decision to block the proposed acquisition of Telefónica UK by Hutchison 3G UK in the sector of the mobile telephony market
N° 64/2020
: 28 May 2020
Law governing the institutions
According to Advocate General Pitruzella, the Courts of the European Union do not have jurisdiction to hear actions for damages brought against the Euro Group
N° 63/2020
: 28 May 2020
Advocate General Sánchez-Bordona proposes that the Court of Justice should dismiss the actions for annulment brought by Hungary and Poland against the Directive strengthening posted workers’ rights
N° 62/2020
: 20 May 2020
Energy
The General Court of the European Union declares that the actions brought by Nord Stream AG and Nord Stream 2 AG against Directive 2019/692, which extends certain rules of the internal market in natural gas to pipelines from third countries, are inadmissible
N° 61/2020
: 14 May 2020
Area of Freedom, Security and Justice
Advocate General Bobek: Member States must grant compensation to any victim of a violent intentional crime, regardless of his or her residence
N° 60/2020
: 14 May 2020
Area of Freedom, Security and Justice
The placing of asylum seekers or third-country nationals who are the subject of a return decision in the Röszke transit zone at the Serbian-Hungarian border must be classified as ‘detention’
N° 59/2020
: 13 May 2020
State aid
The General Court dismisses the actions against the Commission decision declaring illegal the aid from Italy to several airlines serving Sardinia
N° 58/2020
: 8 May 2020
Press release following the judgment of the German Constitutional Court of 5 May 2020
N° 57/2020
: 7 May 2020
State aid
Advocate General Hogan: the Court should reject Austria’s appeal in UK State Aid Case
N° 56/2020
: 7 May 2020
Area of Freedom, Security and Justice
The victims of the sinking of a vessel, which sailed under the flag of Panama, may bring an action for damages before the Italian courts against the Italian organisations which classified and certified that vessel
N° 55/2020
: 30 April 2020
Freedom of movement for persons
The Working Time Directive applies to officers of the Hungarian Rapid Intervention Police responsible for surveillance of the external borders of the Schengen Area in the context of the migration crisis
N° 54/2020
: 30 April 2020
DISC
The Italian tax regime resulting from the Italian-Portuguese double taxation convention does not infringe the principles of freedom of movement and non-discrimination
N° 53/2020
: 30 April 2020
Area of Freedom, Security and Justice
A passenger’s denied boarding on the ground that he presented allegedly inadequate travel documentation does not, in itself, deprive the passenger from protection under the Regulation on compensation and assistance to air passengers
N° 52/2020
: 30 April 2020
Environment and consumers
According to Advocate General Sharpston, a device that adjusts upwards the operation of the emission control system of diesel engine vehicles during the approval testing of those vehicles is a ‘defeat device’ prohibited by EU law
N° 51/2020
: 27 April 2020
Continuity of the European public administration of justice: the Court of Justice of the European Union provides for hearings to resume from 25 May 2020
N° 50/2020
: 23 April 2020
Area of Freedom, Security and Justice
According to Advocate General Pikamäe, the accommodation of asylum seekers in the Röszke transit zone at the Hungarian-Serbian border must be classified as ‘detention’
N° 49/2020
: 23 April 2020
Transport
Air carriers must indicate, from the first time their price offers are published on the internet, the VAT on domestic flights and the fees charged for paying by credit card
N° 48/2020
: 23 April 2020
Principles of Community law
Homophobic statements constitute discrimination in employment and occupation when they are made by a person who has or may be perceived as having a decisive influence on an employer’s recruitment policy
N° 47/2020
: 8 April 2020
Principles of Community law
Poland must immediately suspend the application of the national provisions on the powers of the Disciplinary Chamber of the Supreme Court with regard to disciplinary cases concerning judges
N° 46/2020
: 3 April 2020
The Court of Justice of the European Union adapts in order to guarantee the continuity of the European public administration of justice
N° 45/2020
: 2 April 2020
Area of Freedom, Security and Justice
AG Campos Sánchez-Bordona: a company can be sued by the purchasers of vehicles that it manipulated before the courts of the Member State where the vehicles were purchased
N° 44/2020
: 2 April 2020
Freedom of establishment
In the opinion of Advocate General Bobek the Services Directive is applicable to the short-term letting of furnished accommodation in the peer-to-peer economy
N° 43/2020
: 2 April 2020
Freedom of establishment
The hiring out of motor vehicles equipped with radio receivers does not constitute a communication to the public subject to payment of royalties
N° 42/2020
: 2 April 2020
Freedom of movement for persons
A Member State is not entitled to refuse to pay a family allowance in respect of the child of the spouse of a frontier worker where there is no parent-child relationship with that worker
N° 41/2020
: 2 April 2020
Freedom of movement for persons
A measure allowing a Land to make the bearing of school transport costs subject to a requirement of residence in that Land constitutes indirect discrimination against cross-border workers and their families
N° 40/2020
: 2 April 2020
Area of Freedom, Security and Justice
By refusing to comply with the temporary mechanism for the relocation of applicants for international protection, Poland, Hungary and the Czech Republic have failed to fulfil their obligations under European Union law.
N° 39/2020
: 2 April 2020
Intellectual and industrial property
The mere storage by Amazon, in the context of its online marketplace (‘Amazon-Marketplace’), of goods which infringe trade mark rights does not constitute an infringement by Amazon of those trade mark rights
N° 38/2020
: 2 April 2020
DISC
When a Member State is required to rule on an extradition request by a third State concerning a national of a State of the European Free Trade Association (EFTA), which is a party to the Agreement on the European Economic Area (EEA), it must verify that that national will not be subject to the death penalty, torture, or other inhuman or degrading treatment or punishment
N° 37/2020
: 26 March 2020
Area of Freedom, Security and Justice
A passenger who reserved his or her flight through a travel agency may bring an action for compensation for a long flight delay against the air carrier before the courts of the place of departure of the flight
N° 36/2020
: 26 March 2020
Environment and consumers
Consumer credit agreements must specify clearly and concisely how the withdrawal period is to be calculated
N° 35/2020
: 26 March 2020
Law governing the institutions
The Court declares that the requests for a preliminary ruling concerning Polish measures from 2017 establishing a disciplinary procedure regime for judges are inadmissible.
N° 34/2020
: 23 March 2020
N° 33/2020
: 19 March 2020
SOPO
The Member States may not exclude from the concept of ‘successive fixed-term employment relationships’ the situation of a worker who occupies continuously, by virtue of several appointments, an interim post in the absence of a competition procedure, his or her employment relationship having been thereby implicitly extended from year to year
N° 32/2020
: 19 March 2020
Area of Freedom, Security and Justice
EU law does not preclude Member States from providing for civil proceedings for confiscation which are unrelated to a finding of a criminal offence
N° 31/2020
: 12 March 2020
Transport
An air passenger who is compensated for the cancellation of a flight and who has agreed to travel on an alternative flight is entitled to compensation for a delay in the re-routing flight.
N° 30/2020
: 12 March 2020
State aid
The General Court annuls the Commission’s decision on aid measures implemented in favour of the Spanish football clubs Valencia CF et Elche CF
N° 29/2020
: 12 March 2020
State aid
Italy is ordered to pay pecuniary penalties for failing to recover aid unlawfully granted to the hotel industry in Sardinia
N° 27/2020
: 11 March 2020
Environment and consumers
A court before which a consumer claims that certain contractual terms are unfair is required to review, of its own motion, other terms of the contract insofar as they are connected to the subject matter of the dispute before it
N° 26/2020
: 5 March 2020
Intellectual and industrial property
The Court of Justice sets aside the judgment of the General Court according to which the collective mark HALLOUMI, reserved for Cypriot cheesemakers, does not preclude the sign ‘BBQLOUMI’ from being registered as a European Union trade mark for cheese of a Bulgarian producer
N° 25/2020
: 5 March 2020
Freedom of establishment
In the opinion of Advocate General Kokott, Hungary must treat foreign and national higher education institutions equally
N° 24/2020
: 3 March 2020
Law governing the institutions
The Vice-President of the General Court of the European Union dismisses the application of Mr Junqueras i Vies for interim measures
N° 23/2020
: 3 March 2020
Approximation of laws
The Spanish courts must verify that the contractual term in mortgage loan agreements providing for the application of a variable interest rate based on the index of the Spanish savings banks is plain and intelligible
N° 22/2020
: 3 March 2020
Area of Freedom, Security and Justice
In order to ascertain whether the European arrest warrant against a person convicted in Spain for the offence of glorification of terrorism and humiliation of the victims of terrorism must be executed without examining whether that offence is punishable also in Belgium, the Belgian courts must take into account the length of the sentence imposed by the Spanish law applicable to the acts committed
N° 21/2020
: 3 March 2020
DISC
The system of penalties relating to the Hungarian tax on advertising is not compatible with EU law
N° 20/2020
: 3 March 2020
State aid
The special taxes levied in Hungary on the turnover of telecommunications operators and of undertakings in the retail trade sector are compatible with EU law
N° 19/2020
: 2 March 2020
N° 18/2020
: 27 February 2020
Environment and consumers
Greece is ordered to pay a lump sum of 3.5 million euros for having been slow in implementing EU law on the protection of waters against pollution caused by nitrates from agricultural sources
N° 17/2020
: 27 February 2020
Intellectual and industrial property
EUIPO must give a fresh decision on the application made by Constantin Film for registration of the sign Fack Ju Göhte as an EU trade mark
N° 16/2020
: 20 February 2020
Area of Freedom, Security and Justice
Where journeys with a confirmed single booking comprise of several connecting flights operated by separate air carriers, compensation for the cancellation of the final leg of the journey may be sought before the courts of the place of departure of the first leg
N° 15/2020
: 13 February 2020
Solemn undertaking before the Court of Justice of the European Union given by two new Members of the European Court of Auditors and the European Ombudsman
N° 14/2020
: 7 February 2020
The President of the General Court dismisses the application by Anglo Austrian AAB Bank for temporary suspension of the withdrawal of its banking authorisation
N° 13/2020
: 6 February 2020
DISC
Advocate General Bobek: The civil liability insurance of breast implant producer PIP could validly be limited to women who underwent surgery in France
N° 12/2020
: 4 February 2020
Social security for migrant workers
National legislation which restricts the grant of a benefit introduced for top-level sportspersons to citizens of the Member State concerned is an impediment to freedom of movement for workers
N° 11/2020
: 4 February 2020
Research, information, education, statistics
The General Court erred in law in holding that the existence of a contract for the provision of lecturing services between a party and its lawyer infringes the requirement for a legal representative before the Courts of the European Union to be independent
N° 10/2020
: 31 January 2020
Consequences of the United Kingdom’s withdrawal from the European Union for the Court of Justice of the European Union
N° 9/2020
: 31 January 2020
Principles of Community law
The Court of Justice of the European Union lacks jurisdiction to rule on a border dispute between Slovenia and Croatia, but those two Member States are required, under Article 4(3) TEU, to strive sincerely to bring about a definitive legal solution to the dispute consistent with international law
N° 8/2020
: 30 January 2020
Competition
The Court of Justice clarifies the criteria governing whether a settlement agreement with respect to a dispute between the holder of a pharmaceutical patent and a manufacturer of generic medicines is contrary to EU competition law
N° 7/2020
: 28 January 2020
Approximation of laws
Italy should have ensured that its public authorities complied, in their commercial transactions with private undertakings, with periods for payment not exceeding 30 or 60 days
N° 6/2020
: 22 January 2020
Law governing the institutions
The Court confirms the right of access to documents contained in the file of a marketing authorisation application for a medicinal product
N° 5/2020
: 22 January 2020
Competition
Advocate General Kokott proposes that the Court should find that an agreement in settlement of a dispute between the holder of a pharmaceutical patent and a manufacturer of generic medicinal products may be contrary to EU competition law
N° 4/2020
: 15 January 2020
Principles of Community law
Advocate General Campos Sánchez-Bordona: the means and methods of combating terrorism must be compatible with the requirements of the rule of law
N° 3/2020
: 14 January 2020
Area of Freedom, Security and Justice
Advocate General Szpunar proposes that the Court should rule that the victims of the sinking of a ship flying the Panamanian flag can bring an action for damages before the Italian courts against the Italian bodies which classified and certified that ship.
N° 2/2020
: 14 January 2020
Free movement of capital
Advocate General Campos Sánchez-Bordona: the restrictions imposed by Hungary on the financing of civil organisations from abroad are not compatible with EU law
N° 1/2020
: 13 January 2020
The President and Members of the European Commission give a solemn undertaking before the Court of Justice of the European Union
Les communiqués constituent des documents non officiels à l'usage des médias et n'engagent pas la Cour de justice
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