2023
Press Release 151/23: Advocate General’s Opinion in Case C-470/21 | La Quadrature du Net and Others (Personal data and action to combat copyright infringement)
Advocate General Szpunar: the retention of, and access to, civil identity data linked to the IP address used should be allowed in cases where those data are the only means of investigation that make it possible to identify the perpetrators of copyright infringements committed exclusively on the internet.
According to the Advocate General, the graduated response mechanism ensured by the administrative authority responsible for protecting copyright in France is compatible with the EU-law requirements in the field of personal data protection.
Press Release 150/23: Judgments of the Court of Justice in Cases C-320/21 P and C-321/21 P| Ryanair v Commission
State aid to SAS during the COVID-19 pandemic: the Court of Justice definitively dismisses Ryanair’s actions concerning the loan guarantees put in place by Sweden and Denmark in April 2020.
Press Release 149/23: Judgment of the Court in Case C-692/20 | Commission v United Kingdom (Fiscal marking of gas oil)
The Court of Justice orders the United Kingdom to pay a lump sum penalty of € 32 million for having failed to prohibit the use of marked fuel in private pleasure boats within the time limit prescribed by the Commission.
The United Kingdom did not comply with the judgment establishing the infringement until after the court proceedings were brought, after a period of almost three years.
Press Release 148/23: Judgments of the General Court in Cases T-826/14 | Spain v Commission, T-12/15 | Banco Santander and Santusa v Commission, T-158/15 | Abertis Infraestructuras and Abertis Telecom Satélites v Commission, T-252/15 | Ferrovial and Others v Commission, T-253/15 | Sociedad General de Aguas de Barcelona v Commission, T-256/15 | Telefónica v Commission, T-257/15 | Arcelormittal Spain Holding v Commission, T-258/15 | Axa Mediterranean v Commission and T-260/15 | Iberdrola v Commission
The General Court annuls the Commission’s decision declaring the Spanish tax scheme on the deduction for indirect acquisitions of shareholdings in foreign companies unlawful.
Press Release 147/23: Judgment of the General Court in Case T-172/21 | Valve Corporation v Commission
Online video games: the General Court confirms that geo-blocking of activation keys for the Steam platform infringed EU competition law.
In agreeing bilaterally to that geo-blocking, the operator of the Steam platform, Valve and five PC video games publishers unlawfully restricted cross-border sales of certain PC video games that are compatible with that platform.
ECJ Newsletter Weeks XXXIX – XL (27 September – 06 October 2023)
Press Release 145/23: Judgment of the Court in Case C-143/22 | ADDE and Others
Reintroduction of border controls at internal borders: the ‘Returns’ Directive applies to any third-country national who has entered the territory of a Member State without fulfilling the conditions of entry, stay or residence.
That also applies when the person concerned has entered that territory even before crossing a border crossing point where such checks are carried out.
Press Release 144/23: Judgment of the Court in Case C-164/22 | Juan
The prohibition of double jeopardy does not appear to preclude the execution of a European arrest warrant against the person responsible for a fraudulent pyramid scheme set up in Spain and in Portugal.
The facts on the basis of which that person was convicted in Spain and in Portugal do not appear to be identical.
Press Release 143/23: Judgment of the General Court in Case T-131/16 RENV | Belgium v Commission
Tax rulings: the tax exemptions granted by Belgium to companies forming part of multinational groups constitute an unlawful aid scheme.
The General Court thus confirms the decision of the European Commission which found, in 2016, that that tax scheme infringed the EU rules on State aid.
Press Release 142/23: Advocate General’s Opinion in Case C-115/22 | NADA e.a.
Anti-doping and data protection: Advocate General Ćapeta considers that a national anti-doping authority which publishes personal data of a doped professional athlete on the internet is not in breach of the GDPR 1.
The resulting interference with the right to data protection may be justified by the preventive aim of such a publication.
Press Release 141/23: Judgment of the Court in Case C-113/22 | TGSS (Refusal of the maternity supplement)
Spain — Discrimination on grounds of sex: fathers of two or more children, forced to go to court in order to benefit from a supplement to their invalidity pension, have the right to additional compensation.
An administrative practice of systematically refusing to grant that supplement equally to fathers and thus disregarding the inferences to be drawn from the judgment in 2019, in which the Court of Justice declared the grant of that supplement solely to mothers as discriminatory, makes those fathers subject to twofold discrimination.
Press Release 140/23: Judgment of the Court in Case C-83/22 | Tuk Tuk Travel
Termination of package holidays in the event of extraordinary
circumstances: a national court may, under certain conditions, notify of its own motion the traveller of his or her right to terminate the contract without fees.
Press Release 139/23: Judgment of the Court in Case C-27/22 | Volkswagen Group Italia and Volkswagen Aktiengesellschaft
The principle ne bis in idem applies to penalties, imposed for unfair commercial practices, that are classified as administrative penalties of a criminal nature.
That principle precludes criminal proceedings in respect of the same facts from being initiated or maintained where there is a final decision, even if that decision is issued subsequently.
Press Release 138/23: Judgment of the General Court in Case T-65/18 RENV | Venezuela v Council
The General Court dismisses the action brought by Venezuela against the restrictive measures of the European Union.
Press Release 137/23: Judgment of the Court in Case C-216/21 | Asociaţia ‘Forumul Judecătorilor din România’
Rule of law in Romania: the promotion of judges to a higher court, based on an assessment, by members of that court, of their work and conduct, is compatible with EU law.
The relevant substantive conditions and procedural rules must, however, be such as to dispel any reasonable doubt as to the independence and the impartiality of the judges concerned, once they have been promoted.
Press Release 136/23: Judgment of the Court in Case C-226/22 | Nexive Commerce and Others
Operational costs of the postal sector regulatory authority: a contribution obligation may be imposed on market participants, excluding any State funding.
This financial burden may be imposed in a uniform manner on all operators in that sector, including on providers of express mail services, without distinction according to the different types of postal services provided.
Press Release 135/23: Judgment of the Court in Case C-162/22 | Lietuvos Respublikos generalinė prokuratūra
The Directive on privacy and electronic communications precludes the use, in connection with administrative investigations into corruption in the public sector, of data collected for the purpose of combating serious crime.
The Directive on privacy and electronic communications covers only criminal prosecutions.
ECJ Newsletter Week XXXVI – XXXVII (04 – 14 September 2023)
Press Release 133/23: Judgment of the General Court in Case T-600/21 | WS and Others v Frontex
Return operations: the action for damages brought by a number of Syrian refugees against Frontex after they were returned from Greece to Türkiye is dismissed.
Since Frontex does not have the power to assess the merits of return decisions or applications for international protection, that EU agency cannot be held liable for any damage related to the return of those refugees to Türkiye.
Press Release 132/23: Judgments of the General Court in Cases T-270/22 | Pumpyanskiy v Council and T-272/22 Pumpyanskaya v Council
War in Ukraine: the General Court dismisses the actions brought by Mr Dmitry Alexandrovich Pumpyanskiy and Ms Galina Evgenyevna Pumpyanskaya against the restrictive measures adopted by the Council.
Although Mr Pumpyanskiy has not played a direct role in military offensive in Ukraine, he is involved in economic sectors which constitute a substantial source of revenue for the Government of the Russian Federation.
Press Release 131/23: Judgment of the Court in Case C-689/21 | Udlændinge- og Integrationsministeriet (Loss of Danish nationality)
Denmark may make the retention of Danish nationality dependent on the existence of a genuine connection with that country.
However, where the person concerned does not hold the nationality of another Member State, so that the loss of Danish nationality would also entail the loss of Union citizenship, he or she must be able to have the proportionality of that loss examined.
Press Release 130/23: Judgment of the Court in Case C-137/21 | Parliament v Commission (Visa exemption for nationals of the United States)
The Commission was not required to suspend the exemption from the visa requirement for US nationals due to a lack of reciprocity in this matter.
The Commission enjoys political discretion to decide whether such a suspension is appropriate where a third country makes nationals of one or more Member States subject to a visa requirement.
Press Release 129/23: Judgment of the Court in Case C-107/23 PPU | Lin 1
Combating fraud against the European Union’s financial interests: national rules on limitation periods for criminal liability must allow effective prevention and punishment.
National courts are required, in principle, to disregard national rules or case-law which create a systemic risk of such offences going unpunished.
Press Release 127/23: Judgment of the Court of 13 July 2023 in Case C-87/22 | TT (Wrongful removal of a child)
Wrongful removal of a child: although the court of the Member State in which the child was habitually resident has jurisdiction to rule on rights of custody, it may exceptionally request the transfer of the case to a court of the Member State to which the child has been removed.
It is however necessary that the child have a particular connection with that other Member State, that the other court be better placed to hear the case and that the transfer be in the best interests of the child.
Press Release 126/23: Judgment of the Court in Joined Cases C-615/20 | YP and Others and C-671/20 | M. M. (Lifting of a judge’s immunity and his or her suspension from duties)
National courts are required to disapply an act ordering, in breach of EU law, a judge’s suspension from his or her duties.
Press release 125/23: Judgment of the Court in Case C-265/22 | Banco Santander (Reference to an official index)
Variable interest rates based on Mortgage Loan Reference Indices (IRPHs) in Spain: consumers must be sufficiently informed of the method for calculating such indices.
It is for the national courts to check the significance and accessibility of information from the Bank of Spain concerning the level of reference indices in relation to the market rate and concerning the need to apply a negative margin in order to align the interest rate with the market rate.
Press Release 124/23: Judgment of the Court in Case C-106/22 | Xella Magyarország
The objective of ensuring the supply of gravel, sand and clay to the construction sector at the regional level cannot justify a restriction on the freedom of establishment.
That objective does not concern a fundamental interest of society capable of justifying such a restriction on grounds of public policy or public security.
Press Release 123/23: Advocate General’s Opinion in Case C-261/22 | GN (Reason for refusal based on the best interest of the child)
Advocate General Ćapeta: the execution of a European Arrest Warrant issued against a mother of small children may be refused when that is in the best interest of the child.
Such a refusal is possible only if, after using the communication mechanism, the executing authority does not have sufficient information in order to be absolutely certain that the execution of the EAW would not go against the best interest of the child.
Press Release 122/23: Advocate General’s Opinion in Case C-382/21 P | EUIPO v The KaiKai Company Jaeger Wichmann
Advocate General Ćapeta: An international agreement that is denied direct effect due to its specific nature cannot have interpretative effect either.
The Paris Convention for the Protection of Industrial Property, at issue in this appeal, can have direct, and thus also interpretative, effect because, in respect of the existence and length of priority rights, the EU legislature intended to align EU design law to that Convention.
Press Release 121/23: Judgment of the Court in Case C-134/22 | G GmbH
Collective redundancies: the employer’s obligation to communicate information to the authorities at an early stage of such a project is not intended to confer individual protection on workers.
That communication is for information and preparatory purposes only and merely serves to give the competent public authority a general idea of the reasons for, and implications of, the planned redundancies.
Press Release 120/23: Judgment of the Court in Case C-376/20 P | Commission v CK Telecoms UK Investments
The General Court must rule once more on the lawfulness of the Commission’s prohibition of the acquisition of Telefónica Europe (‘O2’) by Hutchison 3G UK (‘Three’).
ECJ Newsletter Week XXVIII – XXXV – Summer Recess – 10 July – 03 September 2023
Press Release 119/23: Judgment of the General Court in Case T-8/21 | IFIC Holding v Commission
The General Court confirms the Commission’s decisions authorising Clearstream Banking AG to comply with US sanctions imposed on Iran.
The Court dismisses the action of IFIC Holding, a German company whose shares are held indirectly by the Iranian State.
Press Release 118/23: Judgment of the General Court in Case T-34/22 | Cunsorziu di i Salamaghji Corsi – Consortium des Charcutiers Corses and Others v Commission
Applications for registration of names as PGIs: the Commission is not bound by the prior assessment of the national authorities.
The Commission enjoys a margin of independent discretion to check whether such an application fulfils the conditions for eligibility for registration laid down by EU law.
Press Release 117/23: Advocate General’s Opinion in Case C-122/22 P | Dyson and Others v Commission
Advocate General Ćapeta: The Commission’s breach of the Energy Labelling Directive by adopting the empty bag test for vacuum cleaners is sufficiently serious.
The General Court’s judgment dismissing Dyson’s action should therefore be set aside.
Press Release 116/23: Judgment of the Court in Case C-510/21 | Austrian Airlines (First aid on board an aircraft)
Accidents on board an aircraft: the strict liability of airlines under the Montreal convention extends to inadequate first aid administered on board an aircraft.
Press Release 115/23: Judgments of the Court in Cases C-8/22 | Commissaire général aux réfugiés et aux apatrides (Refugee who has committed a serious crime), C-663/21 | Bundesamt für Fremdenwesen und Asyl (Refugee who has committed a serious crime) and C-402/22 | Staatssecretaris van Justitie en Veiligheid (Particularly serious crime)
Revocation and refusal of refugee status: the Court of Justice clarifies the conditions for adopting such a measure with regard to a third-country national who is convicted of a crime.
The individual concerned must, inter alia, constitute a genuine, present and sufficiently serious threat to one of the fundamental interests of society and the decision must observe the principle of proportionality.
Press Release 114/23: Judgments of the General Court in cases T-115/20 | Puigdemont i Casamajó and Comín i Oliveres v Parliament and T-272/21 | Puigdemont i Casamajó, Comín i Oliveres and Ponsatí i Obiols v Parliament
The action brought by Mr Carles Puigdemont i Casamajó, Mr Antoni Comín i Oliveres and Ms Clara Ponsatí i Obiols against the decisions of the European Parliament to waive their immunity is dismissed.
The Court also dismisses as inadmissible the action brought by Mr Puigdemont and Mr Comín against the refusal of the President of the European Parliament to defend their parliamentary immunity.
Press Release 113/23: Judgment of the Court in Case C-252/21 | Meta Platforms and Others (General terms of use of a social network)
A national competition authority can find, in the context of the examination of an abuse of a dominant position, that the GDPR has been infringed.
Bound by the duty of sincere cooperation, it must nonetheless take into consideration any decision or investigation by the competent supervisory authority pursuant to that regulation.
ECJ Newsletter Week XXVII – XXVIII (04 – 14 July 2023)
Press Release 112/23: Advocate General’s Opinion in Case C-61/22 | Landeshauptstadt Wiesbaden
According to Advocate General Medina, the mandatory collection and storage of fingerprints in identity cards is valid.
Press Release 111/23: Advocate General’s Opinion in Case C-281/22 | G. K. e.a. (European Public Prosecutor’s Office)
Cross-border investigations by the European Public Prosecutor’s Office (EPPO): Advocate General Ćapeta advises the Court to rule that judicial review in the Member State of the assisting European Delegated Prosecutor should be limited to procedural questions.
The EPPO is a highly developed system of mutual recognition with embedded safeguards guaranteeing the protection of fundamental rights.
Press Release 110/23: Advocate General’s Opinion in Case C-588/21 P | Public.Resource.Org and Right to Know v Commission and Others
According to Advocate General Medina European Harmonised Technical Standards must be freely available without charge because of their particular legal nature as acts that form part of EU law.
The Court should set aside the judgment under appeal and annul a Commission decision refusing access to the requested harmonised technical standards.
Press Release 109/23: Judgment of the Court in Case C-823/21 | Commission v Hungary (Declaration of intent prior to an asylum application)
Hungary has unduly hindered the possibility of making an asylum application.
By making the possibility of making an application for international protection subject to the prior submission of a declaration of intent to an embassy located in a third country, Hungary has failed to fulfil its obligations under EU law.
Press Release 108/23: Judgment of the Court in Joined Cases C-6/21 P and C-16/21 P | Germany and Estonia v Pharma Mar and Commission
The Court of Justice sets aside the assessment made by the General Court with regard to the impartiality of experts from the European Medicines Agency (EMA).
The General Court concluded that the procedure did not provide sufficient guarantees after having wrongly equated experts from a university hospital who participated in the evaluation with employees from a pharmaceutical company.
Press Release 107/23: Judgment of the Court in Case C-579/21 | Pankki S
Every person has the right to know the date of and the reasons for the consultation of his or her personal data.
The fact that the data controller is engaged in the business of banking has no effect on the scope of that right.
Press Release 106/23: Judgment of the Court in Case C-660/21 | K.B. and F.S. (Raising ex officio of an infringement in criminal proceedings)
Protection of fundamental rights: EU law does not preclude, in principle, a prohibition on a national court raising of its own motion a breach of the obligation to inform a suspect promptly of his or her right to remain silent.
However, the suspect must not have been deprived of a practical and effective opportunity to have access to a lawyer, having obtained legal aid if necessary, and must, like his or her lawyer (if any), have had a right of access to the file and the right to invoke that breach within a reasonable period of time.
Press Release 105/23: Order of the General Court in Case T-628/22 | Repasi v Commission
Taxonomy: the General Court dismisses as inadmissible the action of a Member of the European Parliament challenging the Commission’s regulation on the sustainability of certain economic activities relating to fossil gas and nuclear energy.
Unlike the European Parliament, its individual members may not challenge such an act.
Press Release 104/23: Advocate General’s Opinion in Case C-333/22 | Ligue des droits humains (Verification of processing of data by the supervisory authority)
Advocate General Medina: a data subject must have available to it a judicial remedy against an independent supervisory authority where he or she exercises his or her rights through that authority.
A broad and blanket exemption to the right of direct access to personal data in criminal matters is not compatible with EU law.
Press Release 103/23: Advocate General’s Opinion in Case C-330/22 | Friends of the Irish Environment (Total allowable catch above zero)
Overfishing: according to Advocate General Ćapeta, the Common Fisheries Policy Basic Regulation requires the Council to fix fishing limits at sustainable levels from the year 2020.
Accordingly, the Advocate General proposes that the Court declare invalid parts of a Council regulation setting fishing limits for certain stocks below sustainable levels.
Press Release 102/23: Advocate General’s Opinion in Case C-755/21 P | Kočner v Europol
Advocate General Rantos: Europol and a Member State in which damage occurred in relation to unlawful data processing can be jointly and severally liable.
Press Release 101/23: Judgment of the Court in Case C-499/21 P | Silver and Others v Council C-501/21 P |Shindler and Others v Council, and C-502/21 P | Price v Council
Definitive dismissal of the actions brought by British citizens challenging the loss of their rights as EU citizens as a result of Brexit.
The loss of the status of citizen of the European Union, and consequently the loss of the rights attached to that status, is an automatic consequence of the sole sovereign decision taken by the United Kingdom to withdraw from the European Union, and not of the withdrawal agreement or the Council’s decision approving that agreement.
Press Release 100/23: Judgment of the Court in Case C-411/22 | Thermalhotel Fontana
The freedom of movement for workers precludes the legislation of a Member State, which makes compensation conditional on the imposition of an isolation measure by its own administrative authorities.
Such legislation is liable to give rise to indirect discrimination of migrant workers.
Press Release 99/23: Judgment of the Court in Case C-520/21 | Bank M. (Consequences of the annulment of the contract)
EU law does not preclude, in the event of the annulment of a mortgage loan agreement vitiated by unfair terms, the consumers from seeking compensation from the bank going beyond reimbursement of the monthly instalments paid.
By contrast, it precludes the bank from relying on similar claims against consumers.
Press Release 98/23: Advocate General’s Opinion in Case C-376/22 | Google Ireland and Others
According to Advocate General Szpunar, platforms like Google, Meta Platforms and Tik Tok may not have additional obligations imposed on them in a Member State other than the one in which they have their registered office, except by measures taken on a case-by-case basis.
EU law precludes restricting the freedom to provide information society services from other Member States by way of general and abstract legislative measures.
Press Release 97/23: Advocate General’s Opinion in Case C-457/21 P | Commission v Amazon.com and Others
Tax rulings: Advocate General Kokott is of the view that the Commission erred in deciding that Luxembourg had granted unauthorised state aid to Amazon in the form of tax advantages.
The reference system relied on by the Commission in order to review whether there was a selective advantage, namely the OECD Transfer Pricing Guidelines rather than Luxembourg law, was incorrect.
Press Release 96/23: Advocate General’s Opinion in Case C-218/22 | Comune di Copertino
Advocate General Ćapeta: Member States may restrict the monetisation of unused paid annual leave at the end of the employment relationship.
They may impose conditions to encourage the taking of annual leave with the purpose of safeguarding the health of workers so long as certain conditions are met.
Press Release 95/23: Judgment of the Court in Case C-49/22 | Austrian Airlines (Repatriation flight)
COVID-19 pandemic: a repatriation flight organised in the context of consular assistance does not constitute a re-routed flight that the operating air carrier must offer to passengers whose flight has been cancelled.
A passenger who registers himself or herself on a repatriation flight and pays to the State that organised it an obligatory contribution to costs is not entitled, on the basis of EU law, to reimbursement of those costs at the expense of the air carrier that was to operate the previously planned flight.
Press Release 94/23: Judgments of the Court in Case C-407/21 | UFC – Que choisir and CLCV and in Case C-540/21 Commission v Slovakia (Right of termination without fees)
Package travel and the COVID-19 pandemic: national legislation which temporarily releases organisers from their obligation to provide a full refund in the event of termination of a package travel contract is incompatible with EU law.
A Member State cannot rely on an apprehension of internal difficulties to justify a failure to comply with obligations arising under EU law where that failure to comply does not satisfy the conditions for force majeure.
Press Release 93/23: Judgment of the Court in Case C-50/21 | Prestige and Limousine
Limiting the number of private hire vehicle service licences in the Barcelona metropolitan area is contrary to European Union law.
By contrast, requiring an additional licence to that provided for at national level may prove necessary for the proper management of transport, traffic and public space, as well as for the protection of the environment.
Press Release 92/23: Judgment of the General Court in Case T-735/21 | Aprile and Commerciale Italiana v EUIPO – DC Comics (Representation of a bat in an oval surround)
The Batman logo: the evidence submitted to the General Court is not sufficient to show that the EU trade mark representing a bat in an oval surround was devoid of distinctive character on the date of filing of the application for registration.
For the relevant public, that distinctiveness makes it possible to associate, according to EUIPO, the goods
covered by the trade mark with DC Comics and to distinguish them from those of other undertakings.
Press Release 91/23: Judgment of the General Court in Case T-141/21 | Shakutin v Council
Restrictive measures against Belarus: the General Court dismisses the action brought by Mr Aleksandr Vasilevich Shakutin against the restrictive measures imposed on him.
The factual evidence produced by the Council is sufficiently concrete, precise and consistent to establish that
Mr Shakutin benefits from and supports the Lukashenko regime.
Press Release 90/23: Judgment of the Court in Case C-700/21 | O. G. (European Arrest Warrant issued against a third-country national)
The option of refusing to execute a European Arrest Warrant in order for the sentence to be executed in the Member State of residence must be equally applicable to third-country nationals.
The judicial authority must be able to assess whether the third-country national is sufficiently integrated in the executing Member State, and whether there is thus a legitimate interest justifying the execution in its territory of the sentence imposed in the issuing Member State.
Press Release 89/23: Judgment of the Court in Case C-204/21 | Commission v Poland (Independence and private life of judges)
Rule of law: the Polish justice reform of December 2019 infringes EU law.
The value of the rule of law is an integral part of the very identity of the European Union as a common legal order and is given concrete expression in principles containing legally binding obligations for the Member States.
Press Release 88/23: Formal sitting of the General Court
Mr Vittorio Di Bucci takes office as the new Registrar of the General Court.
ECJ Newsletter Week XXIII – XXIV (05 June – 16 June 2023)
ECJ Newsletter Week XXII -XXIII (29 May – 09 June 2023)
Press Release 87/23: Judgment of the Court in Case C-575/21 | WertInvest Hotelbetrieb
The requirement to carry out an environmental impact assessment for an urban development project cannot be dependent exclusively on the size of that project.
EU law precludes thresholds set at a level such that, in practice, all or almost all of the projects of a certain type would be exempt in advance from the requirement for such an assessment.
Press Release 86/23: Judgment of the Court in Case C-290/21 | AKM (Supply of satellite packages in Austria)
Cross-border satellite retransmission of programmes: the broadcasting Member State principle also applies to the satellite package provider.
Consequently, where it is required to obtain the authorisation of the holders of the copyright and related rights concerned for the act of communication to the public in which it participates, the satellite package provider must seek that authorisation only in the Member State in which the programme-carrying signals are introduced into the chain of communication leading to the satellite.
Press Release 85/23: Judgment of the General Court in Case T-268/21 | Ryanair/Commission (Italy – aid scheme – COVID-19)
The General Court annuls the Commission’s decision to approve an aid measure consisting in subsidies paid by Italy to Italian airlines in the context of the COVID-19 pandemic.
The Commission failed to provide a statement of reasons for its finding that the measure at issue was not contrary to EU law provisions other than those governing State aid.
ECJ Newsletter Weeks XXI – XXII (22 May – 02 June 2023)
Press Release 84/23: Judgment of the General Court in Case T-2/21 | Emmentaler Switzerland v EUIPO (EMMENTALER)
The term ‘emmentaler’ cannot be protected as a European Union trade mark for cheeses.
Press Release 83/23: Judgment of the General Court in Case T-451/20 | Meta Platforms Ireland v Commission
Competition: The action brought by Meta Platforms Ireland (Facebook group) against a Commission request seeking disclosure of documents identified by means of search terms is dismissed.
The General Court finds that Meta Platforms Ireland has not successfully demonstrated that the request to provide documents to be identified by search terms went beyond what was necessary or that establishing a virtual data room failed to ensure that sensitive personal data was sufficiently protected.
ECJ Newsletter Weeks XX – XXI (15 May – 26 May 2023)
Press Release 82/23: Judgment of the General Court in Case T-321/20 | enercity v Commission
The action brought by the German municipal authority enercity against the approval by the Commission of the acquisition of generation assets of E.ON by RWE is inadmissible.
The General Court provides clarification in that context of the novel question of the burden of proof so far as concerns the sending by the Commission of the questionnaire to conduct its market test.
Press Release 81/23: Judgment of the General Court in Case T-312/20 | EVH v Commission
The action brought by the German electricity producer EVH against the approval by the Commission of the acquisition of E.ON assets by RWE is dismissed.
The General Court points out in particular that an asset swap between independent undertakings does not constitute a ‘single concentration’.
Press Release 80/23: Judgment of the Court in Case C-176/22 | BK and ZhP (Partial stay of the main proceedings)
A request for a preliminary ruling made to the Court of Justice does not prevent the referring court from continuing the main proceedings in part.
The referring court may carry out procedural steps that it considers necessary, such as the collection of evidence, and which do not prevent it from complying with the subsequent response of the Court.
Press Release 79/23: Judgment of the Court in Case C-97/22 | DC (Withdrawal after performance of the contract)
Failure to provide information on the right of withdrawal: a consumer is exempt from any payment obligation if he or she withdraws from a service contract concluded off-premises which has already been performed.
The trader must therefore bear the costs which he, she or it has incurred due to the performance of the contract during the withdrawal period.
Press Release 78/23: Judgment of the Court in Joined Cases C-156/22 to C-158/22 | TAP Portugal (Death of the co-pilot)
The cancellation of a flight due to the unexpected death of the co-pilot does not exempt the airline from its obligation to compensate passengers.
Such a death, whilst tragic, does not amount to an ’extraordinary circumstance’ but is, like any unexpected illness which may affect a crew member whose presence is essential, inherent in the normal exercise of the activity of the airline.
Press Release 77/23: Judgment of the Court in Case C-155/22 | Bezirkshauptmannschaft Lilienfeld
A road transport undertaking cannot discharge its responsibility for compliance with the driving times and rest periods of drivers by transferring it to a third person.
EU law precludes a national law that, by allowing such a transfer of responsibility, prevents the calling into question of the undertaking’s good repute and the adoption of penalties against it.
Press Release 76/23: Judgment of the Court in Case C-817/21 | Inspecţia Judiciară
Rule of law: the body in charge of disciplinary proceedings against judges must be independent and impartial.
The rules governing the review of the actions of its director must be designed in such a way as to dispel any reasonable doubt in that respect.
Press Release 75/23: Judgment of the General Court in Joined Cases T-34/21 | Ryanair v Commission and T-87/21 | Condor Flugdienst v Commission (Lufthansa; COVID-19)
The General Court annuls the decision of the Commission to approve the recapitalisation of Lufthansa by Germany, amounting to €6 billion euros, in the context of the COVID-19 pandemic.
The Commission committed several errors, in particular, by considering that Lufthansa was unable to obtain financing on the markets for the entirety of its needs, by failing to require a mechanism incentivising Lufthansa to buy back Germany’s shareholding as quickly as possible, by denying that Lufthansa held significant market power at certain airports, and by accepting various commitments that do not ensure that effective competition on the market is preserved.
ECJ Newsletter Week XIX – XX (08 May – 19 May 2023)
Press Release 74/23: Advocate General’s Opinion in Case C-148/22 | Commune d’Ans
According to Advocate General Collins, a public body may, under certain conditions, prohibit its employees from wearing any visible sign of political, religious or philosophical belief in their workplace.
Where applied in a general and undifferentiated way, such a rule may be justified by the desire of a municipal authority to put in place an entirely neutral administrative environment.
Press Release 73/23: Advocate General’s Opinion in Case C-454/21 P | Engie Global LNG Holding and Others v Commission and C-451/21 P | Luxembourg v Commission
Tax rulings: Advocate General Kokott considers that the Commission erred in finding that Luxembourg had granted unlawful State aid to the Engie group in the form of tax advantages.
First, national law alone constitutes the reference framework and, second, only manifestly incorrect tax rulings under that national law may constitute a selective advantage.
Press Release 72/23: Judgment of the Court in Case C-300/21 | Österreichische Post (Non-material damage resulting from unlawful processing of data)
Mere infringement of the GDPR does not give rise to a right to compensation.
However, there is no requirement for the non-material damage suffered to reach a certain threshold of seriousness in order to confer a right to compensation.
Press Release 71/23: Judgment of the Court in Case C-487/21 | Österreichische Datenschutzbehörde and CRIF
GDPR: the right to obtain a ‘copy’ of personal data means that the data subject must be given a faithful and intelligible reproduction of all those data.
That right entails the right to obtain copies of extracts from documents or even entire documents or extracts from databases which contain those data, if that is essential in order to enable the data subject to exercise effectively the rights conferred on him or her by the GDPR.
Press Release: 70/12: Judgment of the Court in Case C-389/21 P | ECB v Crédit lyonnais
The Court confirms the ECB’s refusal to exclude for the purposes of the calculation of the leverage ratio of Crédit lyonnais 34% of its exposures to the Caisse des dépôts et consignations.
It annuls the contrary judgment of the General Court, which exceeded the scope of its judicial review substituting its own assessment of the risk of fire sales of assets to which Crédit lyonnais was exposed for that of the ECB.
Press Release 69/23: Judgment of the Court in Case C-40/21 | Agenția Națională de Integritate
Fight against corruption: EU law does not preclude a person from being prohibited from all elective public office for three years if he or she has infringed the rules relating to conflicts of interest by holding such office.
The person concerned must, however, be able to have such a penalty reviewed by a court, in particular with regard to compliance with the principle of proportionality.
ECJ Newsletter Week XVIII – XIX (01 May – 12 May 2023)
Press release 68/23: Mr Vittorio Di Bucci appointed Registrar of the General Court by the Plenary Conference
He will take up his duties at a future swearing-in ceremony.
Press Release 66/23: Judgment of the General Court in Case T-54/21 | OHB System v Commission
Galileo Programme: OHB System’s action against award of transition satellite contract to Thales Alenia Space Italia and Airbus Defence & Space dismissed.
According to the General Court, the Commission was not required to inquire more closely into OHB System’s complaints against Airbus Defence & Space.
Press Release 64/23: The final of the “European Law Moot Court” competition will take place tomorrow, April 21, at the Court of Justice of the European Union in Luxembourg
The closing arguments will be broadcast live from 2.45 p.m.
Press Release 63/23: Advocate General’s Opinion in Case C-621/21 | Intervyuirasht organ na DAB pri MS (Women victims of domestic violence)
Honour crime, forced marriage and domestic violence: Advocate General Richard de la Tour clarifies under which conditions third-country nationals may be eligible for international protection.
A woman who risks being the victim of such acts upon being returned to her country of origin may be granted refugee status on the basis of her membership of ‘a particular social group’.
Press Release 62/23: Judgment of the Court in Joined Cases C-775/21 | Blue Air Aviation and C-826/21| UPFR
The broadcasting of a musical work as background music in a means of passenger transport constitutes a communication to the public within the meaning of EU law.
That is not however the case for the mere installation, on board a means of transport, of sound equipment, and, where appropriate, of software enabling the broadcasting of background music.
Press Release 61/23: Judgment of the Court in Case C-348/22 | Autorità Garante della Concorrenza e del Mercato (Municipality of Ginosa)
Concessions authorising the exploitation of Italian beaches may not be renewed automatically but must be subject to an impartial and transparent selection procedure.
The national courts and the administrative authorities are required to apply the relevant rules of EU law and to disapply provisions of national law which conflict with them.
Press Release 60/23: Judgment of the Court in Case C-1/23 PPU | Afrin
Family reunification: European Union law precludes national legislation which requires, without exception, that an application for family reunification be submitted in person at a competent diplomatic post.
The legislation may nevertheless provide for the possibility of requiring the applicants to appear in person at a later stage of the application procedure for family reunification.
Press Release 59/23: Judgment of the Court in Case C‑699/21 | E. D. L. (Ground for refusal based on illness)
European arrest warrant: a manifest risk that the health of the requested person will be jeopardised justifies temporarily suspending his or her surrender and obliges the executing authority to ask the issuing authority for information concerning the conditions in which it intends to prosecute or detain that person.
If the surrender of a person who is seriously ill is likely to give rise to a risk of inhuman or degrading treatment which cannot be ruled out within a reasonable period of time, the executing authority cannot execute the arrest warrant.
ECJ Newsletter Week XVI – XVII (17 April – 28 April 2023)
Press Release 58/23: Significant amendments to the Rules of Procedure of the General Court of the European Union
Significant amendments to the Rules of Procedure of the General Court of the European Union will come into force on 1 April.
With those amendments, the General Court continues to promote modern and efficient justice.
Press Release 57/23: Advocate General’s Opinion in Case C-106/22 | Xella Magyarország
Advocate General Ćapeta: EU law does not, in principle, preclude national legislation which allows for the screening of foreign direct investment of third country provenance even if implemented via an EU-based company.
Such national legislation falls within the scope of the FDI Screening Regulation1 and thus must ensure that individual screening decisions are justified and comply with requirements of proportionality as required by the Treaty rules on the free movement of capital and the freedom of establishment.
Press Release 56/23: Advocate General’s Opinion in Case C-27/22 | Volkswagen Group Italia and Volkswagen Aktiengesellschaft
According to Advocate General Campos Sánchez-Bordona, Volkswagen cannot be penalised in Italy for ‘Dieselgate’, after having been penalised in Germany, if there has not been sufficient coordination between the penalty proceedings of both States.
The penalty imposed by the Italian authorities could be of a criminal nature and, if the facts were found to be identical to those already tried in Germany, would infringe the right not to be punished twice for the same offence.
Press Release 55/23: Judgment of the Court in Case C-5/22 | Green Network (Order for repayment of costs)
National regulatory authorities for energy may have the power to order electricity undertakings to repay sums received in breach of consumer protection requirements.
Consumer protection falls within the remit of those authorities.
Press Release 54/23: Judgment of the Court in Case C-34/21 | Hauptpersonalrat der Lehrerinnen und Lehrer
Live streaming by videoconference of classes in state school education falls within the scope of the GDPR.
Press Release 53/23: Judgment of the General Court in Case T-142/21 | Wizz Air Hungary v Commission (Blue Air; COVID-19 and rescue aid)
The action against the Commission’s decision approving the aid granted by Romania to the airline Blue Air in the context of the Covid-19 pandemic is dismissed in its entirety.
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
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Judgments 2020
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Judgments 2019
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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
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