2023
ECJ Newsletter Week XIII – XV (27 March – 14 April 2023)
Press Release 52/23: Judgment in Case C-653/21 | Syndicat Uniclima
Fire safety in establishments open to the public: Member States may not impose additional requirements on pressure equipment bearing the CE marking for the purposes of making that equipment available on the national market.
Press Release 51/23: Judgment of the Court in Case C-100/21 | Mercedes-Benz Group (Liability of manufacturers of vehicles fitted with defeat devices)
The purchaser of a vehicle equipped with an unlawful defeat device has a right to compensation from the car manufacturer where that device has caused damage to that purchaser.
EU law protects, in addition to public interests, the specific interests of the individual purchaser of a motor vehicle vis-à-vis the manufacturer of that vehicle where that vehicle is equipped with a prohibited defeat device.
ECJ Newsletter Weeks XII – XIII (20 March – 31 March 2023)
Press Release 49/23: Advocate General’s Opinion in Case C-634/21 | SCHUFA Holding and Others (Scoring) and in Joint Cases C-26/22 and C-64/22 SCHUFA Holding and Others (Discharge from remaining debts)
Advocate General Pikamäe: the automated establishment of a probability concerning the ability of a person to service a loan constitutes profiling under the GDPR.
Courts must be able to exercise a full judicial review over any legally binding decision of a supervisory authority of the GDPR.
Press Release 48/23: Judgment of the Court in Case C-339/21 | Colt Technology Services and Others
Telecommunications operators may be obliged to provide, upon request from a judicial authority, communication interception operations in return for a fixed rate.
EU law does not require full reimbursement of the costs actually incurred.
Press Release 47/23: Judgment of the Court in Case C-174/21 | Commission v Bulgaria (Twofold failure to fulfil obligations – PM10 pollution)
The Commission’s first action for a twofold failure to fulfil obligations in relation to air pollution is inadmissible.
In the letter of formal notice sent to Bulgaria at the end of 2018, the Commission neither alleged nor established with sufficient clarity that the Court’s 2017 judgment establishing the first failure to fulfil obligations had still not been complied with in the intervening period.
Press Release 46/23: Judgment of the Court in Case C-449/21 | Towercast
The prohibition of abuse of a dominant position laid down by the Treaties permits an ex post control, at national level, of a concentration of undertakings with a non-Community dimension.
The temporal effects of a judgment of the Court confirming the applicability of that prohibition should not be limited.
ECJ Newsletter Weeks XI – XII (13 March – 24 March 2023)
Press Release 45/23: Advocate General’s Opinion in Case C-680/21 | Royal Antwerp Football Club
Football: according to Advocate General Szpunar the UEFA rules on home-grown players are partially incompatible with EU law.
Systems in which home-grown players include not only those trained by the club at issue, but also those of other clubs in the same national league, are not compatible with free movement rules.
Press Release 44/23: Judgments of the Court in Cases C-682/20 P |Les Mousquetaires and ITM Entreprises v Commission, C-690/20 P Casino, Guichard-Perrachon and Achats Marchandises Casino v Commission and C-693/20 P Intermarché Casino Achats v Commission
The Court sets aside in part the judgments of the General Court and, consequently, annuls the decisions of the Commission ordering inspections at the premises of a number of French undertakings in the distribution sector on account of suspicions of anticompetitive practices.
The Commission ought to have recorded the interviews it conducted with suppliers of those undertakings so as to be able to use the information from those interviews as indicia of an infringement since, in view of their content and context, the purpose of those interviews was to collect information relating to the subject matter of an investigation.
Press Release 43/23: Judgment of the General Court in Case T-212/22 | Prigozhina v Council
The General Court annuls the restrictive measures applied to Ms Violetta Prigozhina, mother of Mr Yevgeniy Prigozhin, in the context of Russia’s war against Ukraine.
Even if the latter is responsible for actions undermining the territorial integrity, sovereignty and independence of Ukraine, the link between Ms Prigozhina and her son established at the time of the adoption of the contested acts is based solely on their family relationship and is therefore not sufficient to justify her inclusion on the contested list.
ECJ Newsletter Weeks X (06 March – 10 March 2023)
Press Release 42/23: Court of Justice – Judicial Statistics 2022
Judicial statistics 2022: proceedings marked by the major issues facing today’s world (the rule of law, the environment, the protection of privacy in the digital era and so forth) and by the restrictive measures adopted by the European Union in the context of the war in Ukraine
The high number of cases brought before the Court of Justice and the General Court of the European Union is confirmed for the fifth consecutive year.
Press Release 41/23: Advocate General’s Opinion in Case C-723/21 | Stadt Frankfurt (Oder) and FWA
Drinking water policy: according to Advocate General Medina, Member States are obliged not to authorise a project that may cause a deterioration in the quality of a body of water.
Approval of a project is possible only where its implementation does not adversely affect the quality of the drinking water provided to the inhabitants in the affected area.
Press Release 40/23: Advocate General’s Opinion in Case C-718/21 | Krajowa Rada Sądownictwa (Continued holding of a judicial office)
Advocate General Athanasios Rantos doubts whether the mechanism whereby the KRS authorises Polish judges to continue to hold judicial office beyond retirement age offers sufficient guarantees of independence.
The decision whether or not to authorise a judge to continue to hold judicial office cannot be based on criteria that are too vague and difficult to verify.
Press Release 39/23: Judgment of the Court in Case C-477/21 | MÁV-START
Daily rest is additional to weekly rest even when it directly precedes the latter.
This is also the case when national legislation grants workers a period of weekly rest greater than that required by EU law.
Press Release 38/23: Judgments of the General Court in Case T-480/20 and T-540/20 | Hengshi Egypt Fiberglass Fabrics and Jushi Egypt for Fiberglass Industry v Commission
A subsidy granted by China can be attributed to Egypt as the country of origin or export of a product subject to countervailing measures.
Countervailing duties may be imposed on undertakings which are established in the China-Egypt Suez Economic and Trade Cooperation Zone but which are subsidised by China.
Press Release 37/23: Judgment of the Court in Case C-695/20 | Fenix International
Online platforms and VAT collection: the Council did not exceed the limits of its implementing power in specifying that the operator of a platform, such as Only Fans, is presumed to be the supplier of the services provided.
ECJ Newsletter Weeks IX – X (27 February – 10 March 2023)
ECJ Newsletter Weeks VIII – XI (20 February – 03 March 2023)
Press Release 36/23: Advocate General’s Opinion in Case C-520/21 | Bank M. (Consequences of the annulment of the contract)
Advocate General Collins: after the annulment of a mortgage loan agreement due to unfair terms, consumers may assert claims against banks that go beyond reimbursement of monetary consideration; banks may not.
It is a matter for national courts to determine, by reference to national law, whether consumers have the right to assert such claims and, if so, to rule on their merits.
Press Release 35/23: Advocate General’s Opinion C-478/21 P | China Chamber of Commerce for Import and Export of Machinery and Electronic Products e.a. / Commission
Anti-Dumping Challenge: Advocate General Medina suggests the Court should recognise the legal standing of the China Chamber of Commerce as a representative association.
The China Chamber of Commerce meets the criteria of a representative association within the meaning of the basic regulation and, thus, of the fourth paragraph of Article 263 TFEU.
Press Release 34/23: Advocate General’s Opinion in Case C-216/21 | Asociaţia “Forumul Judecătorilor din România”
Advocate General Emiliou: a procedure for promotion of judges based on an assessment of their work and conduct by a board composed of the President and judges of the relevant higher court is compatible with EU law.
However, even where the members of that board are themselves independent, the criteria applied should be sufficiently objective, relevant and verifiable and the body should be obliged to state reasons.
Press Release 33/23: Advocate General’s Opinion in Case C-488/21 | Chief Appeals Officer and Others
Advocate General Ćapeta: an EU mobile worker’s mother can claim a social benefit without this calling into question her right of residence.
The principle of equal treatment does not allow such a relative to be considered an unreasonable burden on the social assistance system of the State of residence.
Press Release 32/23: Judgment of the Court in Case C-393/21 | Lufthansa Technik AERO Alzey
The Court clarifies the concept of ‘exceptional circumstances’ permitting the competent judicial authority to stay the enforcement of a judgment certified as a European Enforcement Order.
The national court of the Member State of enforcement must ensure that the proceedings are stayed when the enforceability of a judgment certified as a European Enforcement Order has been suspended in the Member State of origin.
Press Release 31/23: Judgment of the Court in Case C-638/22 PPU | Rzecznik Praw Dziecka and Others (Suspension of the return decision)
EU law precludes national authorities being able, without needing to provide justification, to obtain the suspension of a final decision requiring the return of a child.
The need for efficiency and speed which governs the adoption of a decision requiring the return of a child also applies in connection with the enforcement of such a decision.
Press Release 30/23: Judgment of the Court in Case C-349/21 | HYA and Others (Grounds for authorising telephone tapping)
A decision authorising telephone tapping need not contain individualised reasons.
The obligation to state reasons is not infringed where the decision is based on a detailed and substantiated request from the competent prosecution authority and the reasons for the authorisation can be easily and unambiguously deduced from a cross-reading of the application and the authorisation.
Press Release 29/23: Judgment of the Court in Case C-312/21 | Tráficos Manuel Ferrer
Actions for damages in respect of infringements of competition law: the relevant EU law does not preclude a national rule according to which, in the event that the claim is upheld in part, costs are to be borne by each party, who therefore bears half of the common costs.
The information asymmetry between the parties is not taken into account in the assessment of the possibility for a national court to estimate the harm caused by such an infringement.
Press Release 27/23: Judgment of the General Court in Case T-536/21 | Belaeronavigatsia v Council
The General Court confirms the restrictive measures adopted against a State-owned enterprise managing the airspace in Belarus.
The State-owned enterprise Belaeronavigatsia could not reasonably have been unaware that its activities carried out in order to divert flight FR4978 to Minsk contributed to the repression of civil society and democratic opposition in Belarus.
Press Release 26/23: Judgments of the General Court in Cases T-606/20 and T-607/20 | Austrian Power Grid and Others v ACER
The Court confirms the enhanced powers of the European Union Agency for the Cooperation of Energy Regulators (ACER) to take individual decisions on cross-border issues.
Thus, ACER is entitled to amend the proposals of the transmission system operators in order to ensure their compliance with EU energy law, without being bound by any points of agreement between the competent national regulatory authorities.
ECJ Newsletter Week VII (13 February – 17 February 2023)
Press Release 25/23: Judgment of the Court of Justice in Case C-555/21 | UniCredit Bank Austria
The consumer’s right, in the event of early repayment of his or her mortgage credit, to a reduction in the total cost of the credit does not include costs that are not dependent on the duration of the agreement.
The consumer can therefore claim only a reduction in interest and in costs that are dependent on the duration of the agreement.
Press Release 24/23: Judgment of the General Court in Case T-522/20 | Carpatair v Commission
The General Court annuls the decision of the European Commission approving Romanian aid to Timișoara International Airport in favour of Wizz Air.
The Commission committed several errors of law when examining whether those measures were selective and whether they conferred an advantage.
Press Release 23/23: Judgment of the General Court in Case T-295/20 | Aquind and Others v Commission
Internal energy market and Union list of projects of common interest: General Court dismisses the Aquind group’s action.
EU law confers on the Member State concerned by the project the power to accept or to refuse to include the project in the list of PCIs, without the Commission being able to overrule a refusal.
Press Release 22/23: Judgment of the Court in Case C-688/21 | Confédération paysanne and Others (in vitro random mutagenesis)
Techniques of genetic modification: the Court specifies the status of in vitro random mutagenesis having regard to the GMO Directive
Organisms obtained by the in vitro application of a technique/method of mutagenesis which has conventionally been used in a number of in vivo applications and has a long safety record with regard to those applications are excluded from the scope of that directive.
ECJ Newsletter Week VI-VII (06 February – 17 February 2023)
Press Release 21/23: Judgment of the Court in Joined Cases C-649/20 P | Spain v Commission, C-658/20 P | Lico Leasing and Pequeños y Medianos Astilleros Sociedad de Reconversión v Commission, C-662/20 P | Caixabank and Others v Commission
State aid: the Court annuls in part the Commission’s decision on the ‘Spanish Tax Lease System’.
The recovery of the full amount of the aid referred to was ordered on the basis of an erroneous identification of the recipients.
Press Release 20/23: Judgment of the Court in Case C-372/21 | Freikirche der Siebenten-Tags-Adventisten in Deutschland
Public subsidies paid to denominational private schools may be reserved for churches and religious societies recognised by the Member State concerned.
The recognition requirement laid down by Austria appears justified in order to enable parents to choose an
education for their children according to their religious beliefs.
Press Release 19/23: Judgment of the Court in Case C-158/21 | Puig Gordi and Others
An executing judicial authority may not, in principle, refuse to execute a European arrest warrant on the basis that the court called upon to try the requested person in the issuing Member State does not have jurisdiction to do so.
That authority must, however, refuse to execute that European arrest warrant if it finds that there are systemic or generalised deficiencies affecting the judicial system of that Member State and that the court called upon to try the requested person in that Member State clearly lacks jurisdiction.
ECJ Newsletter Week V-VI (30 January – 10 February 2023)
Press Release 18/23: Formal sitting of the Court of Justice
Solemn undertaking before the Court of Justice of the European Union given by six new Members of the European Court of Auditors
Press Release 17/23: Advocate General’s Opinion in Case C-817/21 | Inspecţia Judiciară
Judicial Disciplinary Bodies: according to Advocate General Collins, EU law precludes national legislation making the Deputy Chief Inspector responsible for overseeing the investigation of complaints against the Chief Inspector.
Press Release 16/23: Judgment of the Court in Case C-205/21 | Ministerstvo na vatreshnite raboti (Recording of biometric and genetic data by the police)
The systematic collection of biometric and genetic data of any accused person in order for them to be entered in a police record is contrary to the requirement of ensuring enhanced protection with regard to the processing of sensitive personal data.
Press Release 15/23: Judgment of the General Court in Case T-163/21 | De Capitani v Council
The Council must grant access to documents drawn up within its working groups relating to the legislative procedure concerning the amendment of the directive on the annual financial statements.
The General Court finds that none of the grounds relied on by the Council supports the conclusion that disclosure of the documents at issue would seriously undermine, in a concrete, actual and non-hypothetical manner, the legislative process concerned.
ECJ Newsletter Week IV-V (23 January – 03 February 2023)
Press Release 14/23: Judgment of the Court in Case C-680/20 | Unilever Italia Mkt. Operations
Abuse of a dominant position: exclusivity clauses in distribution contracts must be capable of having exclusionary effects.
The competition authority is obliged to assess that actual capacity to exclude by also taking into account the evidence submitted by the undertaking in a dominant position.
Press Release 13/23: Judgment of the Court in Case C-147/21 | CIHEF and Others
The level of harmonisation achieved at EU level by the Biocidal Products Regulation does not prevent Member States from adopting restrictive rules on the promotion of sales of those products.
These bans do not constitute a hindrance to the free movement of goods if their objective is to protect health and the environment, if they are suitable for attaining that objective and if they do not go beyond what is necessary in order to attain it.
Press Release 11/23: Judgment of the Court in Case C-632/20 P | Spain v Commission
The Court annuls the Commission’s decision allowing Kosovo to participate in the Body of European Regulators for Electronic Communications.
However, that annulment is unrelated to the fact that Kosovo is not recognised as a sovereign State by the European Union and by several Member States.
ECJ Newsletter Week II & Week III (09 – 20 January 2023)
Press Release 10/23: Judgment of the Court in Case C-395/21 | D.V. (Lawyers’ fees – Principle of an hourly rate)
A term in a contract for the provision of legal services concluded between a lawyer and a consumer which sets the price on the basis of an hourly rate, without including any further details, does not satisfy the requirement of being drafted in plain intelligible language.
The national court may restore the situation in which the consumer would have been in the absence of an unfair term, leaving the seller or supplier without any remuneration for the services provided.
Press Release 9/23: Judgment of the Court in Case C-42/21 P | Lietuvos geležinkeliai v Commission
Abuse of a dominant position: The Court of Justice upholds the judgment of the General Court imposing a fine of approximately € 20 million on the Lithuanian national rail company.
The Commission conducted a comprehensive analysis which makes it possible to establish to the requisite legal
standard that the removal of railway infrastructure was capable of having anticompetitive effects.
Press Release 8/23: Judgment of the Court in Case C-883/19 P | HSBC Holdings and Others v Commission
Competition in the Euro Interest Rate Derivatives sector: the Court of Justice upholds the annulment of the € 33.6 million fine imposed on the HSBC Group.
Press Release 7/23: Judgment of the Court in Case C-396/21 | FTI Touristik (Package travel to the Canary Islands)
Travellers whose package travel has been affected by measures to fight the COVID-19 pandemic may be entitled to a reduction in the travel price.
The directive on package travel provides for strict liability on the part of the organiser.
Press Release 6/23: Judgment of the Court in Case C-356/21 | TP (Audiovisual editor for public television)
Sexual orientation cannot be a reason to refuse to conclude a contract with a self-employed worker.
The Directive on equal treatment in employment and occupation, which covers a wide range of occupational
activities, establishes a general framework for combatting discrimination based, inter alia, on sexual
orientation.
Press Release 5/23: Judgment of the Court in Case C-57/21 | RegioJet
A national court may order the disclosure of evidence for the purpose of proceedings for damages connected with an alleged infringement of competition law, even if the proceedings have been stayed owing to the Commission’s initiation of an investigation concerning the same infringement.
That court must, however, ensure that the disclosure of evidence is actually necessary and proportionate for
the purpose of the action for damages.
Press Release 4/23: Judgment of the Court in Case C-154/21 | Österreichische Post (Information regarding the recipients of personal data)
Every person has the right to know to whom his or her personal data have been disclosed.
Nevertheless, the controller may indicate only the categories of recipient if it is impossible to identify the
recipients or the request is manifestly unfounded or excessive.
Press Release 3/23: Judgment of the Court of Justice in Case C-132/21 | Nemzeti Adatvédelmi és Információszabadság Hatóság
The administrative and civil remedies provided for by the General Data Protection Regulation may be exercised concurrently with and independently of each other.
It is for the Member States to ensure that the parallel exercise of those remedies does not prejudice the
consistent and homogeneous application of that regulation.
Press Release 2/23: Judgment of the Court in Joined Cases C-702/20 | DOBELES HES and C-17/21 | GM
The establishment as such of State aid cannot result from a judicial decision.
Press Release 1/23: Anonymised references for preliminary rulings lodged from 1 January 2023 to be allocated a fictional name
This measure seeks to facilitate the designation and identification of cases that have been anonymised for reasons relating to the protection of personal data.
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Judgments 2022
https://curia.europa.eu/jcms/jcms/Jo2_7052/en/?annee=2022
Judgments 2021
https://curia.europa.eu/jcms/jcms/Jo2_7052/en/?annee=2021
Judgments 2020
https://curia.europa.eu/jcms/jcms/Jo2_7052/en/?annee=2020
Judgments 2019
https://curia.europa.eu/jcms/jcms/Jo2_7052/en/?annee=2019
Judgments 2018
https://curia.europa.eu/jcms/jcms/Jo2_7052/en/?annee=2018
Judgments 2017
https://curia.europa.eu/jcms/jcms/Jo2_7052/en/?annee=2017
Judgments 2016
https://curia.europa.eu/jcms/jcms/Jo2_7052/en/?annee=2016
Judgments 2015
https://curia.europa.eu/jcms/jcms/Jo2_7052/en/?annee=2015
