ECJ Newsletter (Week IX – X 2024)

Newsletter 09-10 2024


Press Release 35/24: Advocate General’s Opinion in Case C‑693/22 | I. (Sale of a database)

According to Advocate General Priit Pikamäe, a database containing personal data may, under certain conditions, be sold in enforcement proceedings, even if the data subjects have not consented to the sale.

This is the case where the processing of data associated with such a sale is necessary and proportionate in a democratic society to ensure the enforcement of a civil law claim.



Press Release 34/24: Judgment of the Court in Case C‑54/22 P | Romania v Commission

The decision to register partially the European Citizens’ Initiative (ECI) ‘Cohesion policy for the equality of the regions and sustainability of the regional cultures’ is upheld following the dismissal of Romania’s appeal.

The Commission may partially register an ECI in order to encourage citizen participation in the democratic life of the European Union.



Press Release 33/24: Judgment of the Court in Case C-283/21 | Deutsche Rentenversicherung Bund

Taking into account of child-raising periods completed in another Member State when calculating a pension for total incapacity for work.

The right of free movement of EU citizens may have the effect that child-raising periods completed in another Member State must be taken into account when calculating a pension for total incapacity for work.



Press Release 32/24: Judgment of the Court in Case C‑491/21 | Direcţia pentru Evidenţa Persoanelor şi Administrarea Bazelor de Date

Citizenship: the refusal by a Member State to issue to one of its nationals, in addition to a passport, an identity card serving as a travel document, on the sole ground that he or she is domiciled in another Member State, is contrary to EU law.

That refusal restricts the right to freedom of movement within the European Union, creating a difference in treatment between citizens domiciled abroad and those domiciled in that Member State.



Press release 31/24: Judgment of the General Court in Case T-361/21 | Papouis Dairies and Others v Commission

The General Court dismisses an action brought against registration of the name ‘Halloumi’ as a protected designation of origin.



Press release 30/24: Judgment of the General Court in Case T‑536/22 | PAN Europe v Commission

Plant protection products: the identification of certain risks associated with the use of insecticides does not preclude the renewal of the approval of an active substance.

The Commission, in its capacity as risk manager, may impose risk mitigation measures in order bring such risks down to an acceptable level.



Press release 29/24: Judgment of the Court in Case C‑715/20 | X (Lack of reasons for termination)

A fixed-term worker must be informed of the reasons for the termination of his or her employment contract with a notice period where the provision of such information is required for a permanent worker.

National legislation which provides that those reasons must be provided solely to permanent workers undermines the fundamental right of a fixed-term worker to an effective remedy.



ECJ Newsletter (Weeks VIII – IX 2024)

Newsletter 08-09 2024


ECJ Newsletter (Weeks VII – IX 2024)

Newsletter 07-09 2024


Press release 27/24: Advocate General’s Opinion in Case C‑633/22 | Real Madrid Club de Fútbol

First Advocate General Szpunar: manifest breach of freedom of expression may constitute a ground for refusal of enforcement

According to the Advocate General, an order to pay damages the amount of which is manifestly unreasonable has a deterrent effect that affects both journalistic freedom and freedom of information.



Press release 26/24: Judgment of the Court in Case C‑216/22 | Bundesrepublik Deutschland (Admissibility of a subsequent application)

A judgment of the Court of Justice can constitute a new element justifying a fresh examination of the substance of the asylum application



Press release 25/24 : Judgment of the General Court in Case T‑146/22 | Ryanair v Commission (KLM II; COVID-19)

State aid in the context of the COVID-19 pandemic: the General Court annuls the approval of State aid from the Netherlands amounting to €3.4 billion in favour of KLM.

Where there are grounds to fear the effects on competition of an accumulation of State aid within the same group, the onus is on the Commission to exercise particular vigilance in examining the links between the companies belonging to that group.



ECJ Newsletter (Week VI – VII 2024)

Newsletter 06-07 2024


Press release 24/24: Judgment of the Court in Case C‑251/22 P | Scania and Others v Commission

Cartel on the truck market: the Court dismisses Scania’s appeal.

The fine of €880.520 million imposed by the Commission on that company for its participation in the cartel is upheld.



Press release 23/24: Judgment of the General Court in Case T‑745/20 | Symphony Environmental Technologies and Symphony Environmental v Parliament and Others

Products made from oxo-degradable plastic: the General Court endorses the prohibition on the placing on the market.

The European legislature did not make a manifest error when it adopted a prohibition in line with the objective of protecting the environment and human health.



Press release 22/24: Judgment of the Court in Case C‑442/22 | Dyrektor Izby Administracji Skarbowej w Lublinie (Fraud by an employee)

VAT fraud: Employee using her employer’s details to issue fake invoices is liable for the amount of the taxes entered on them.

That is the case provided that the employer, who is a taxable person for VAT purposes, has exercised the due diligence reasonably required to monitor the conduct of its employee.



Press release 21/24: Judgment of the Court in Case C‑255/21 | Reti Televisive Italiane

Hourly limit for television publicity spots: promotional announcements for radio programmes broadcast on television channels belonging to the same corporate group are not, in principle, announcements about those television channels’ own programmes.

That is not the case where the programmes which are the subject of those promotional announcements are dissociable from the principal activity of the radio station and the television broadcaster has editorial responsibility for those programmes.



Press release 20/24: Judgment of the Court in Case C-118/22 | Direktor na Glavna direktsia „Natsionalna politsia“ pri MVR – Sofia

Right to erasure: the general and indiscriminate storage of biometric and genetic data of persons convicted of criminal offences, until their death, is contrary to EU law.



Press release 19/24: Judgment of the Court in Case C-560/20 | Landeshauptmann von Wien (Family reunification with a minor refugee)

A recognised unaccompanied minor refugee has the right to family reunification with his or her parents even if he or she reached the age of majority during the family reunification procedure.

In the exceptional circumstances of the case, an entry and residence permit must also be granted to that refugee’s adult sister who requires the permanent assistance of her parents on account of a serious illness.



ECJ Newsletter (Week V – VI 2024)

Newsletter 05-06 2024


Press Release 18/24: Advocate General’s Opinion in Case C‑753/22 | Bundesrepublik Deutschland (effect of a decision granting refugee status)

Advocate General Medina: Member States are not bound to recognise refugee status granted in another Member State.

Where the person concerned cannot be returned to the Member State that originally granted refugee status due to a serious risk of suffering inhuman or degrading treatment there, the Member State in which that person filed a subsequent application for international protection when assessing that application should apply the principle of good administration.



Press Release 17/24: Judgment of the Court in Case C‑334/22 | Audi (Emblem support on a radiator grille)

European Union trade mark: a car manufacturer can prohibit the use of a sign identical or similar to the trade mark it owns for spare parts.

That is the case when the spare part contains a component designed to attach the manufacturer’s emblem and whose shape is similar or identical to that mark.



Press release 16/24: Judgment of the Court in Cases C‑474/22 | Laudamotion (Decision not to take a delayed flight) and C‑54/23| Laudamotion and Ryanair

Passengers who did not present themselves for boarding for a flight which arrived with a long delay or who purchased a ticket for an alternative flight and arrived at the destination with a delay of less than three hours are not entitled to fixed compensation.

In such circumstances, damage consisting in a loss of time cannot be established.



Press release 15/24: Judgment of the General Court in Case T-537/22 | Delta Sport Handelskontor v EUIPO ‑ Lego (Building block from a toy building set)

Intellectual property: the General Court of the European Union upholds the validity of the protection of the Lego toy brick.



Press release 14/24: Judgment of the General Court in Case T‑562/22 | Noah Clothing v EUIPO – Noah (NOAH)

The General Court confirms that the figurative sign NOAH may remain registered as an EU trade mark for ‘polo shirts’ and ‘sweaters’.



ECJ Newsletter (Week IV – V 2024)

Newsletter 04-05 2024


Press Release 13/24: Advocate General’s Opinion in Case C‑240/22 P | Commission / Intel Corporation

Advocate General Medina: the Court should confirm that the Commission erred in applying the AEC test with respect to HP and Lenovo.

At the Court’s request, this Opinion focuses exclusively upon two of the six grounds of appeal relied upon by the Commission.



Press Release 12/24: Advocate General’s Opinion in Case C‑450/22 | Caixabank e.a. (Judicial review of transparency in a collective action)

Advocate General Medina: the transparency of ‘floor clauses’ in mortgage loan contracts can be reviewed in the context of a collective action.

That is so even in the case of an action brought against over a hundred Spanish financial institutions.



Press Release 11/24: Judgment of the Court in Case C‑451/22 | RTL Nederland and RTL Nieuws

Disaster involving flight MH17: the confidentiality of certain information concerning aviation safety is justified and proportionate.



Press Release 10/24: Judgment of the Court in Case C-218/22 | Comune di Copertino

A worker who was not able to take all of his or her days of paid annual
leave before resigning is entitled to an allowance in lieu of that leave

Member States cannot rely on reasons linked to controlling public expenditure to limit that right.



Press Release 08/24: Judgment of the Court in Case C-33/22 | Österreichische Datenschutzbehörde

A parliamentary committee of inquiry must in principle comply with the General Data Protection Regulation.

That is not the case where it in fact carries out an activity intended to safeguard national security.



Press Release 07/24: Judgment of the Court in Case C-621/21 | Intervyuirasht organ na DAB pri MS (Women who are victims of domestic violence)

Violence against women: the Court clarifies the conditions for qualifying for international protection.



ECJ Newsletter (Week III- IV 2024)

Newsletter 03-04 2024


Press Release 06/24: Advocate General’s Opinion in Case C-563/22 | Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite (Refugee status – Stateless person of Palestinian origin)

Advocate General Emiliou: Palestinian applicants for refugee status can claim that UNRWA’s protection has ‘ceased’ in the light of the general living conditions prevailing in the Gaza Strip.

Applicants must not be obliged to show that they are specifically targeted or affected by those conditions due
to their personal circumstances.



Press Release 05/24: Advocate General’s Opinion in Joint Cases C-662/22 | Airbnb Ireland and C-667/22 | Amazon Services Europe, Case C-663/22 | Expedia, in Joint Cases C-664/22 | Google Ireland and C-666/22 | Eg Vacation Rentals Ireland, Case C-665/22 | Amazon Services Europe

Advocate General Szpunar: a Member State cannot impose general and abstract obligations on an online service provider operating on its territory but established in another Member State.



Press Release 04/24: Advocate General’s Opinion in Case C-48/22 P | Google and Alphabet v Commission (Google Shopping)

Advocate General Kokott proposes that the Court of Justice confirm the fine of €2.4 billion imposed on Google for favouring its own comparison shopping service.

Google, as found by the Commission and confirmed by the General Court, was leveraging its dominant position
on the market for general search services to favour its own comparison shopping service by favouring the display of its results.



Press Release 03/24: Advocate General’s Opinions in Cases C-808/21 | Commission v Czech Republic and C-814/21|Commission v Poland (Standing as a candidate and becoming a member of a political party)

Advocate General Richard de la Tour: by refusing to grant the right to become members of a political party to Union citizens who are not nationals of Poland or of the Czech Republic but who reside there, those Member States infringed EU electoral law.



Press Release 02/24: Judgment of the Court in Case C-440/22 P | Wizz Air Hungary v Commission

The Court dismisses Wizz Air’s appeal concerning the rescue aid granted by Romania to TAROM.

That aid, amounting to €36,660,000, is compatible with European Union law.



Press Release 01/24: Judgment of the Court in Case C-122/22 P | Dyson and Others v Commission

Energy labelling of vacuum cleaners: the Court of Justice definitively dismisses the action for compensation brought by Dyson.

In choosing a test using an empty reservoir, the Commission did not commit a sufficiently serious breach of EU
law such as to give rise to an entitlement to compensation.





Press Release 210/23: Judgment of the Court in Case C-297/22 P | United Parcel Service v Commission

Termination of the UPS-TNT merger agreement: the irregularity committed by the Commission is not the determining cause of UPS’ alleged loss of profit and therefore cannot justify a compensation payment.

By deciding not to go ahead with acquiring TNT as soon as the decision at issue was announced, UPS broke the causal link between the Commission’s infringement and the alleged damage.



Press Release 209/23: Judgment of the Court in Case C-167/22 | Commission v Denmark (Maximum parking time)

Failure of a Member State to fulfil obligations: the Court of Justice dismisses the Commission’s action against Denmark concerning the maximum parking time on motorway lay-bys.



Press Release 208/23: Judgment of the Court in Case C-281/22 | G.K. and Others (European Public Prosecutor’s Office)

European Public Prosecutor’s Office: the Court clarifies the exercise of judicial review of cross-border investigation measures by national courts.



Press Release 207/23: Judgment of the Court in Case C-261/22 | GN (Ground for refusal based on the best interests of the child)

European arrest warrant: the surrender of a requested person cannot be refused on the sole ground that she is the mother of young children.

It is only where there are systemic or generalised deficiencies in the issuing Member State and where there is a risk of breach of the fundamental rights of the persons concerned that such a surrender may exceptionally be refused.





Judgments 2023



Judgments 2022



Judgments 2021



Judgments 2020



Judgments 2019



Judgments 2018



Judgments 2017



Judgments 2016



Judgments 2015



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