Judgments issued in 2022

 

Press Release 138/22: Judgment of the Court in Joined Cases C-14/21 and C-15/21 | Sea Watch

Ships of humanitarian organisations systematically carrying out activities relating to the search for and rescue of persons at sea may be subject to controls by the port State.

However, the port State may adopt detention measures only in the event of a clear risk to safety, health or the environment, which it is for that State to demonstrate.

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Press Release 132/22: Judgment of the General Court in Case T-125/22 | RT France v Council

The Grand Chamber of the General Court dismisses RT France’s application for annulment of acts of the Council, adopted following the outbreak of the war in Ukraine, temporarily prohibiting that organisation from broadcasting content.

This is the first ruling given by the Grand Chamber under the expedited procedure.

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Press Release 130/22: Advocate General’s Opinions in Cases C-176/19 P | Commission v Servier and Others and C-201/19 P | Servier and Others v Commission

Marketing of perindopril: Advocate General Kokott proposes that the Court of Justice should rule that all agreements concluded by the Servier group with generic pharmaceutical companies constituted restrictions of competition by object and that it should set aside the General Court’s findings regarding the agreements between Servier and Krka, on the one hand, and the definition of the relevant market for the purposes of applying Article 102 TFEU, on the other.

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Press Release 128/22: Judgment of the Court in Case C-572/21 | CC (Transfer of the child’s habitual residence to a third country)

A court of a Member State does not retain jurisdiction to rule on the
custody of a child on the basis of the ‘Brussels IIa’ Regulation 1 where the habitual residence of the child has been lawfully transferred, during the proceedings, to the territory of a third State that is a party to the 1996 Hague Convention 2.

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Press Release 127/22: Judgment of the Court in Case C-110/21 P | Universität Bremen v REA

A law professor may represent his own university before the General Court and the Court of Justice of the European Union.

That is true, in principle, even where he is coordinator and head of the project that is the subject matter of the
dispute.

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Press Release 126/22: Judgments of the Court in Joined Cases C-59/18, Italy v Council and C-182/18, Commune di Milano v Council, in Joined Cases C-106/19, Italy v Council and Parliament and C-232/19, Commune di Milano v
Parliament and Council, and in Case C-743/19, Parliament v Council

Location of the seat of the EMA and the ELA: competence to decide on that matter is for the EU legislature and not the Member States.

The decisions of the representatives of the Member States designating the new seat of the EMA and the seat of
the ELA are political acts without any binding legal effects, with the result that they cannot be the subject of an
action for annulment.

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Press Release 125/22: Judgment of the Court in Case C-159/20 | Commission v Denmark (PDO Feta)

By failing to stop the use of the designation ‘Feta’ for cheese intended for export to third countries, Denmark has failed to fulfil its obligations under EU law.

However, Denmark has not infringed the obligation of sincere cooperation.

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Press Release 124/22: Judgments of the Court in Cases C-128/20 | GSMB Invest, C-134/20 | Volkswagen and C-145/20 | Porsche Inter Auto and Volkswagen

Software in diesel vehicles which reduces the effectiveness of the emission control system at normal temperatures during most of the year constitutes a prohibited defeat device.

Since such a vehicle default is not minor, rescission of the sale contract in respect of the vehicle is not, in principle, precluded.

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Press Release 123/22: Judgment of the General Court in

Case T-227/21 | Illumina v Commission

The General Court upholds the decisions of the Commission accepting a referral request from France, as joined by other Member States, asking it to assess the proposed acquisition of Grail by Illumina.

The Commission has the competence to examine that concentration which did not have a European dimension or fall within the scope of the national merger control rules of Member States of the European Union or States party to the Agreement on the European Economic Area.

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Press Release 122/22: Judgment of the Court in Case C-348/20 P | Nord Stream 2 v Parliament and Council

The Court declares the action brought by Nord Stream 2 AG against the directive extending certain rules of the internal market in natural gas to pipelines from third countries to be partially admissible.

The order of the General Court which had originally held that the action was inadmissible is, in essence, set aside.

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Press Release 120/22: Advocate General’s Opinion C-83/21 | Airbnb Ireland and Airbnb Payments UK

Tax regime for short-term rentals imposing obligations on property intermediaries: the freedom to provide services does not preclude the obligation to collect and transmit information or to withhold tax.

However, the obligation to appoint a tax representative constitutes a disproportionate restriction on the freedom to provide services.

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Press Release 119/22: Judgment of the Court in Case C-576/20 | Pensionsversicherungsanstalt (Child-raising periods completed abroad) 

Child-raising periods completed in other Member States are to be taken into account in the calculation of an old-age pension.

The Court of Justice confirms its line of authority pursuant to which the Member State responsible for payment of the pension, in which the recipient worked and paid contributions exclusively, both before and after the transfer of that person’s place of residence to another Member State where they raised their children, is required to take into account those child-raising periods.

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Press Release 117/22: Judgment of the General Court in Case T-478/21 | Les Éditions P. Amaury v EUIPO – Golden Balls (BALLON D’OR)

The General Court annuls EUIPO’s decision revoking the EU trade mark BALLON D’OR in respect of entertainment services.

However, it upholds the revocation of that mark for services consisting in the broadcasting or production of television programmes, the production of shows or films and the publication of books, magazines or newspapers.

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Press Release 116/22: Judgment of the General Court in Case T-388/19 | Puigdemont i Casamajó and Comín i Oliveres v Parliament

The action brought by Mr Carles Puigdemont i Casamajó and Mr Antoni Comín i Oliveres against the refusal of the former President of the Parliament to recognise their status as Members of the European Parliament and their associated rights is inadmissible.

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Press Release 112/22: Judgment of the General Court in Case T-797/19 | Anglo Austrian AAB and Belegging-Maatschappij “Far-East” v ECB

The General Court confirms the withdrawal of AAB Bank’s authorisation as a credit institution.

That withdrawal by the ECB is justified inter alia by AAB Bank’s serious breaches of the rules on anti-money laundering and countering the financing of terrorism.

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Press Release 111/22: Judgment of the General Court in Case T-657/20 | Ryanair v Commission (Finnair II; Covid-19)

The action seeking annulment of the decision by the Commission to approve aid granted by Finland to the airline Finnair is dismissed in its entirety.

The Commission was entitled to approve the recapitalisation of Finnair, carried out by its public and private owners on a pro rata basis in proportion to the previously existing ownership structure, without initiating the formal investigation procedure.

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Press Release 110/22: Judgment of the General Court in Case T-584/19 | thyssenkrupp / Commission

The General Court upholds the Commission’s decision prohibiting the proposed merger between thyssenkrupp and Tata Steel.

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Press Release 109/22: Advocate General’s Opinion C-238/21 | Porr Bau

According to Advocate General Medina, uncontaminated top-quality excavated soil supplied by a construction undertaking to local farmers for improving the cultivation land may not constitute ‘waste’ under EU law.

Uncontaminated top-quality excavated soil, supplied after it has been selected and undergone a quality control, constitutes a by-product provided that the conditions laid down in the Waste Directive are fulfilled.

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Press Release 108/22: Judgment of the Court in Case C-267/20 | Volvo and DAF Trucks

The Court specifies the temporal scope of the rules governing the imitation period for bringing an action for damages for infringements of competition law and of the rules governing the quantification of the harm resulting from such infringements and the rebuttable presumption relating to the existence of harm resulting from a cartel.

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Press Release 107/22: Judgment of the Court in Case C-661/20 | Commission v Slovakia (Protection of the capercaillie)

Protection of the capercaillie (Tetrao urogallus) and the Natura 2000 areas hosting the habitat of that wild bird: the Court finds that Slovakia has infringed the Habitats Directive and the Birds Directive.

In addition to failing to submit certain plans and projects with significant effects in those areas to an appropriate assessment, that Member State has failed to take the necessary steps to conserve the habitats of that species.

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Press Release 105/22: Judgment of the Court in Case C-817/19  | Ligue des droits humains

The Court considers that respect for fundamental rights requires that the powers provided for by the PNR Directive be limited to what is strictly necessary.

In the absence of a genuine and present or foreseeable terrorist threat to a Member State, EU law precludes national legislation providing for the transfer and processing of the PNR data of intra-EU flights and transport operations carried out by other means within the European Union.

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Press Release 104/22: Judgment of the Court in Case C-700/20 | London Steam-Ship Owners’ Mutual Insurance Association

The Prestige sinking: The arbitration proceedings initiated in the United Kingdom cannot block the recognition of the Spanish judgment ordering the insurer to pay compensation for the damage caused by the oil spill.

A judgment confirming an arbitral award can prevent the recognition of judicial decisions from other Member States only if the content of that award could also have been the subject of a judicial decision adopted in compliance with the provisions and fundamental objectives of Regulation No 44/2001.

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Press Release 103/22: Advocate General’s Opinion in Case C-115/21 P | Junqueras i Vies

According to Advocate General Szpunar, the appeal brought by Mr Junqueras i Vies against the order of the General Court of the European Union delivered on 15 December 2020 must be dismissed.

That order declared that his action – directed against, inter alia, the declaration by the President of the European Parliament that his seat had become vacant – was inadmissible.

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Press Release 102/22: Judgment of the Court in Case C-328/20 | Commission v Austria (Indexation of family benefits)

The adjustment of family allowances and of various tax advantages granted by Austria to workers according to their children’s State of residence is contrary to EU law.

Such a mechanism constitutes unjustified indirect discrimination based on the nationality of migrant workers.

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Press Release 101/22: Judgment of the Court of Justice in Case C-697/19 P | Sony Corporation and Sony Electronics v Commission, C-698/19 P | Sony Optiarc and Sony Optiarc America v Commission, C-699/19 P | Quanta Storage v Commission and C-700/19 P | Toshiba Samsung Storage Technology and Toshiba Samsung Storage Technology Korea v Commission

Cartel on the market for optical disk drives: the Court partially annuls the decision of the Commission but upholds the amounts of the fines imposed.

The Commission failed to satisfy its obligation to state reasons by finding that, in addition to their participation in a single and continuous infringement, the undertakings concerned also participated in several separate infringements.

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Press Release 100/22: Opinion 1/20: Draft modernised Energy Charter Treaty: Belgium’s request for an Opinion is inadmissible on account of its premature nature

The Court does not have sufficient information on the content of the envisaged Treaty.

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Press Release 99/22: Judgment of the General Court in Case T-235/18 | Qualcomm v Commission (Qualcomm – Exclusivity Payments)

Abuse of dominance on the LTE chipsets market: the General Court annuls the Commission decision imposing on Qualcomm a fine of approximately €1 billion.

The General Court observes that a number of procedural irregularities affected Qualcomm’s rights of defence and invalidate the Commission’s analysis of the conduct alleged against Qualcomm.

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Press Release 98/22: Judgment of the Court in Case  C-673/20 | Préfet du Gers and Institut national de la statistique et des études économiques

Consequences of Brexit: British nationals who used to enjoy the rights attached to European citizenship no longer benefit, after the withdrawal of the United Kingdom from the European Union, from the right to vote and to stand as a candidate in municipal elections in their Member State of residence.

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Press Release 97/22: Judgment of the General Court in Joined Cases T-26/21, T-27/21 and T-28/21 | Apple v EUIPO – Swatch (THINK DIFFERENT)

Apple and Swatch ‘THINK DIFFERENT’

The General Court dismisses the actions brought by Apple Inc. against the decisions of EUIPO revoking the word sign THINK DIFFERENT

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Press Release 96/22: Advocate General’s Opinion C-148/21 and C-184/21 | Louboutin (Use of an infringing sign on an online marketplace)

Online sale of counterfeit Louboutin high-heel shoes: according to Advocate General Szpunar, the specific features of Amazon’s business practices do not support the finding that a sign has been used within the meaning of EU law.

Although its commercial offering includes services ranging from the publication of offers for sale to the shipping of goods, that online intermediary cannot be held directly liable for infringements of the rights of trade mark owners taking place on its platform as a result of commercial offerings by third parties.

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Press Release 95/22: Advocate General’s Opinion C-100/21 | Mercedes-Benz Group (Liability of manufacturers of vehicles equipped with unlawful defeat devices) 

Unlawful defeat devices in diesel vehicles: Advocate General Rantos considers that the purchaser of a vehicle equipped with such a device must have a right to compensation against the vehicle manufacturer.

In his view, it is for the Member States to define the methods of calculating such compensation in so far as, in accordance with the principle of effectiveness, that compensation is commensurate with the loss or damage sustained.

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Press Release 94/22: Judgment of the Court in Case C-43/21 | FCC Česká republika

The mere extension of the duration of the  operation of waste disposal at a landfill does not constitute a substantial change to the operating permit.

Such an extension does not require the landfill operator to apply for a new permit. In such a situation, the directive on industrial emissions does not oblige Member States to enable the public concerned to participate in the decision-making process or to guarantee them a right to judicial redress in order to challenge the legality of that process.

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Press Release 93/22: Judgment of the Court in Case C-122/21 | Get Fresh Cosmetics

Effervescent bath bombs: Member States may, under certain conditions, restrict the distribution of cosmetic products which, because they have the appearance of foodstuffs, may be mistaken for foodstuffs and cause health risks.

The interest in protecting the health and safety of consumers may, in certain cases, prevail over the right to market certain cosmetic products.

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Press Release 92/22: Judgment of the Court in Case C-587/20 | HK/Danmark and HK/Privat

An age limit laid down in the statutes of an organisation of workers for eligibility to stand as sector convenor of that organisation falls within the scope of the ‘Anti-Discrimination’ directive.

Neither the political nature of such a post nor the method of recruitment (election) has any bearing on the application of that directive.

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Press Release 91/22: Judgment of the General Court in Case T-723/20 | Prigozhin v Council

The General Court confirms the restrictive measures adopted by the Council against the Russian businessman Yevgeniy Viktorovich Prigozhin, in view of the situation in Libya.

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Press Release 90/22: Judgments of the General Court in Cases T-481/17 | Fundación Tatiana Pérez de Guzmán el Bueno and SFL v SRB, T-510/17 | Del Valle Ruiz and Others v Commission and SRB, T-523/17 | Eleveté Invest Group and Others v Commission and SRB, T-570/17| Algebris (UK) and Anchorage Capital Group v Commission and T-628/17 | Aeris Invest v Commission and SRB

The actions seeking annulment of the resolution scheme in respect of Banco Popular and/or the Commission decision endorsing that scheme are dismissed in their entirety.

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Press Release 89/22: Judgment in Case C-569/20 Spetsializirana prokuratura (trial of an absconded accused person)

An accused person who cannot be located may be tried or convicted in absentia but has the right, subsequently, to secure the reopening of the proceedings on the merits of the case in his or her presence.

However, that person may be denied that right if he or she deliberately evaded the judicial proceedings by preventing the authorities from informing him or her of the trial.

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Press Release 88/22: Judgment in Case C-33/21 INAIL and INPS

Ryanair flight and cabin crew not covered by E101 certificates who work for 45 minutes per day in that airline’s premises intended to be used by staff located at Bergamo airport and who, for the remaining working time, are on board that airline’s aircraft are subject to Italian social security legislation.

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Press Release 87/22: Judgment in Case T-577/20 Ryanair v Commission (Condor – rescue aid)

The General Court of the European Union confirms that the German aid for the rescue of Condor is compatible with EU law.

The fact that Condor’s financial difficulties were caused by the Thomas Cook group being placed into liquidation did not preclude the approval of that aid by the Commission.

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Press Release 86/22: Judgment in Case T-609/19 Canon v Commission

The General Court dismisses the action brought by Canon, which was fined € 28 million by the Commission for failure to comply with merger control rules in its acquisition of Toshiba Medical Systems Corporation.

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Press Release 85/22: Judgments in Case C-600/19 Ibercaja banco, in Joined Cases C-693/19 SPV Project 1503, C-831/19 Banco di Desio e della Brianza and Others, and in Cases C-725/19 Impuls Leasing România and C-869/19 Unicaja Banco

Unfair terms in consumer contracts: national procedural principles cannot impede the rights that individuals derive from EU law.

The principle of effectiveness requires an effective review of the potentially unfair nature of the terms.

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Press Release 84/22: Judgment in Case C-377/20 Servizio Elettrico Nazionale and Others

The Court of Justice sets out the criteria for defining a dominant position in connection with exclusionary practices on the basis of anticompetitive effects of the conduct of an incumbent operator in the context of the liberalisation of the electricity market.

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Press Release 83/22: Judgment in Case C-644/20 W. J. (Change of habitual residence of maintenance creditor)

For the purpose of identifying the law applicable to a maintenance payment, the habitual residence of its recipient is that of the place where the habitual centre of his or her life is located, particularly where it concerns a young child.

The wrongful nature of the retention of that recipient on the territory of a Member State does not in principal preclude the transfer of his or her habitual residence to the territory of that State.

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Press Release 82/22: Judgment in Case C-426/20 Luso Temp

Compensation in respect of days of paid annual leave not taken and the corresponding holiday bonus pay granted to temporary agency workers must be at least equal to that which would be granted to them if they had been recruited directly by the user undertaking to occupy the same job for the same period of time.

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Press Release 81/22: Judgment in Case T-151/20 Czech Republic v Commission

The General Court upholds in part the Czech Republic’s action based on the unjust enrichment of the Commission in so far as it concerns the repayment of an amount equivalent to approximately € 726 000 that that Member State had to pay to that institution in the context of the recovery of anti-dumping duties.

The cessation by the importer of its activity was capable, in the circumstances of the present case, of constituting a reason which was not imputable to the Czech Republic and which could lawfully release that Member State from its obligation to place that amount at the disposal of the European Union.

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Press Release 80/22: Judgment in Case T-913/16 Fininvest and Berlusconi v ECB

The General Court upholds the decision by which the ECB refused to authorise Silvo Berlusconi’s acquisition of a qualifying holding in Banca Mediolanum.

He did not meet the reputation requirement applicable to those with qualifying holdings due to his conviction for tax fraud in 2013.

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Press Release 78/22: Advocate General’s Opinion in Case C-61/21 Ministre de la Transition écologique and Premier ministre (State liability for air pollution)

Advocate General Kokott: Member States may be liable for health damage caused by excessive air pollution.

The EU limit values and the obligations on Member States to improve air quality were intended to protect human health and to confer rights on individuals.

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Press Release 77/22: Advocate General’s Opinion in Case C-700/20 London Steam-Ship Owners’ Mutual Insurance Association Limited v Kingdom of Spain

Advocate General Collins: An arbitral award judgment may be a relevant judgment for the purposes of the Regulation on recognition and enforcement of judgments.

This notwithstanding that such a judgment falls outside the scope of that same regulation.

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Press Release 76/22: Judgment in Case C-83/20 BPC Lux 2 and Others

The Portuguese legislation which provides the basis for the resolution action in respect of Banco Espírito Santo is compatible with the right to property.

By transposing the directive on the recovery and resolution of credit institutions only in part prior to the expiry of the period prescribed for transposition, Portugal has not compromised the result
prescribed by that directive.

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Press Release 75/22: Judgment in Case C-179/21 Victorinox

A trader who offers, on websites such as Amazon, goods which he has not himself produced must inform the consumer of the manufacturer’s guarantee if that guarantee has been made a central or essential element of the offer.

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Press Release 74/22: Judgment in Joined Cases C-451/19 and C-532/19 Subdelegación del Gobierno en Toledo (Residence of a family member – Insufficient resources)

A relationship of dependency capable of justifying the grant of a derived right of residence to the parent, who is a non-EU national, of a minor, who is a Union citizen, is presumed where that parent lives on a stable basis with the other parent, who is a Union citizen, of that minor.

That relationship of dependency exists where a minor, who is a Union citizen, is forced to leave the territory of the European Union in order to follow his or her non-EU parent who, himself or herself, is forced to leave that territory following the refusal of a derived right of residence to his or her other minor child who is a non-EU national.

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Press Release 73/22: Judgment in Case T-718/20 Wizz Air Hungary v Commission (TAROM – Rescue aid)

The General Court upholds the Commission’s decision approving rescue aid of €36 660 000 granted by Romania to the airline TAROM.

That aid is compatible with the internal market as it aims to prevent the social hardship that a disruption of TAROM’s services might cause for the connectivity of regions in Romania.

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Press Release 72/22: Advocate General’s Opinion in Case C-677/20 IG Metall and ver.di

Advocate General Richard de la Tour: the transformation of a German public limited company into a European company does not make it possible to dispense with the specific ballot for the election of trade union representatives to the Supervisory Board.

That ballot is an element characteristic of the employee participation regime in Germany and may not be the subject of negotiation in the context of the transformation.

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Press Release 71/22: Judgment in Case C-804/21 PPU C and CD (Legal obstacles to the execution of a decision on surrender)

The concept of “force majeure” rendering impossible the execution of a European arrest warrant does not extend to legal obstacles which arise from legal actions brought by the requested person.

Where the person concerned has not been surrendered within the prescribed period, he or she must be released.

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Press Release 70/22: Judgment in Case C-86/20 Vinařství U Kapličky

A certificate from the authorities of a third State on the conformity of a consignment of wine with the oenological practices of the European Union does not by itself constitute evidence of compliance with those practices for the purposes of the marketing of that wine within the European Union.

Where, despite that certificate having been issued, those practices have not been complied with, the burden of proof of that the wine merchant was at fault cannot be transferred to the Member State authorities.

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Press Release 69/22: Judgment in Case C-237/20 Federatie Nederlandse Vakbeweging (Pre-pack procedure)

Corporate insolvency and employees’ rights: in the event of a transfer of assets in the context of a pre-pack procedure, the transferee is entitled to derogate from the obligation to safeguard employees’ rights if that procedure is governed by statutory or regulatory provisions.

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Press Release 68/22: Judgment in Case C-319/20 Meta Platforms Ireland

Consumer protection associations may bring representative actions against infringements of personal data protection.

Such an action may be brought independently of the specific infringement of a data subject’s right to the protection of his or her personal data and in the absence of a mandate to that effect.

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Press Release 67/22: Judgment in Joined Cases T-710/21 Roos and others v Parliament, T-722/21 D’Amato and others v Parliament and T-723/21 Rooken and others v Parliament

COVID certificate and access to the buildings of the European Parliament: the General Court of the European Union dismisses the action of certain Members of the European Parliament.

The access conditions do not disproportionately or unreasonably affect the free and independent exercise of the Member’s mandate.

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Press Release 66/22: Judgment in Case C-674/20 Airbnb Ireland

Belgian regional legislation requiring providers of property intermediation services and, in particular, operators of an electronic accommodation platform to transmit to the tax authorities certain particulars of tourist accommodation transactions is not contrary to EU law.

A provision of regional legislation requiring an operator to provide certain particulars concerning tourist accommodation establishments is of a fiscal nature and, on that basis, is excluded from the scope of the directive on electronic commerce.

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Press Release 65/22: Judgment in Case C-401/19 Poland v Parliament and Council

The obligation, on online content-sharing service providers, to review, prior to its dissemination to the public, the content that users wish to upload to their platforms, is accompanied by the necessary safeguards to ensure that that obligation is compatible with freedom of expression and information.

The Court of Justice dismisses the action brought by Poland against Article 17 of the directive on copyright and related rights in the Digital Single Market.

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Press Release 64/22: Judgment in Joined Cases C-368/20 Landespolizeidirektion Steiermark and C-369/20 Bezirkshauptmannschaft Leibnitz (Maximum duration of internal border control)

Where there is a serious threat to its public policy or internal security, a Member State may reintroduce border control at its borders with other Member States, but without exceeding a maximum total duration of six months.

It is only in the event of a new serious threat arising that it can be justified to apply such a measure afresh.

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Press Release 63/22

Broadcast by streaming of hearings and the handing down of judgments and opinions of the Court of Justice

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Press Release 62/22: Advocate General’s Opinion in Joined Cases C-475/20 Admiral Gaming Network, C-476/20 Cirsa Italia, C-477/20 Codere Network, C-478/20 Gamenet, C-479/20 NTS Network, C-480/20 Sisal Entertainment, C-481/20 and C-482/20 Snaitech

Slot machines: According to Advocate General Rantos, the fight against the risks associated with gambling addiction may justify a reduction in the commission and fees payable to licence holders.

It is for the national court to identify the objectives actually pursued by such national legislation.

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Press Release 61/22: Advocate General’s Opinion in Case C-460/20 Google (De-referencing of allegedly inaccurate content)

According to Advocate General Pitruzzella, a request for de-referencing on the basis of information alleged to be false requires the operator of the search engine to carry out the checks which fall within its specific capacities.

Furthermore, in the context of a request for removal of thumbnails from the results of an image search, only the informative value of the images in their own right should be taken into consideration.

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Press Release 60/22: Judgment in Case C-249/21 Fuhrmann-2 

Contract by electronic means: in order to be validly bound by such a contract, consumers must clearly understand on the basis only of the words appearing on the ordering button that as soon they click on that button they will be under an obligation to pay.

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Press Release 59/22: Judgment in Case C-561/20 United Airlines

Passengers of a delayed flight may claim compensation from a non-EU air carrier where that carrier operates the entirety of the flight on behalf of an EU carrier.

The Regulation on Air Passenger Rights does not undermine the principle of complete and exclusive sovereignty of a State over its airspace.

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Press Release 58/22: Judgment in Case C-140/20 Commissioner of An Garda Síochána and others

The Court confirms that EU law precludes the general and indiscriminate retention of traffic and location data relating to electronic communications for the purposes of combating serious crime.

The national court may not impose a temporal limitation on the effects of a declaration of invalidity of a national law that provides for such retention.

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Press Release 57/22: Advocate General’s Opinion in Case C-168/21 Procureur général près la cour d’appel d’Angers

Advocate General Rantos: the executing judicial authority may not refuse to execute a European arrest warrant on the ground that some of the various acts punishable as a single offence in the issuing Member State are not punishable under the criminal law of the executing Member State.

Moreover, the condition of double incrimination in the context of a European arrest warrant is satisfied where the interest protected by the law of the executing Member State is similar to that taken into consideration in the issuing Member State.

cp220057en

 

Press Relsease 56/2022: Judgment in Case C-96/21 CTS Eventim

Online purchase of tickets for cultural or sporting events: the Court of Justice specifies the cases in which there is no right of withdrawal.

Just as in the case of purchase directly from the organiser of such events, there is no right of withdrawal in the case of purchase from an intermediary if the economic risk linked to the exercise of that right would fall on the organiser.

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Press Release 55/2022: Judgment in Case C-472/20 Lombard Lizing

Loans denominated in foreign currencies: a non-binding opinion of a supreme court, indicating to the lower courts the approach to take in declaring a consumer contract valid where that contract cannot continue to exist as a result of the unfairness of a term relating to the main subject-matter of that contract, is not sufficient to ensure that the persons harmed by that term are fully protected.

In the event that the contract is invalid and it is not possible to re-establish the situation existing prior to its conclusion, the national court must restore the contractual balance between the parties without however going beyond what is strictly necessary to that end.

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Press Release 53/22: Judgments in Cases T-323/17 Martinair Holland v Commission, T-324/17 SAS Cargo Group and Others v Commission, T-325/17 Koninklijke Luchtvaart Maatschappij v Commission, T-326/17 Air Canada v Commission, T-334/17 Cargolux Airlines v Commission, T-337/17 Air France-KLM v Commission, T-338/17 Air France v Commission, T-340/17 Japan Airlines v Commission, T-341/17 British Airways v Commission, T-342/17 Deutsche Lufthansa and Others v Commission, T-343/17 Cathay Pacific Airways v Commission, T-344/17 Latam Airlines Group and Lan Cargo v Commission, T-350/17 Singapore Airlines and Singapore Airlines Cargo v Commission

Cartel on the airfreight market: the General Court rules on actions brought by multiple airlines.

CP220053EN

 

Press Release 52/22: Judgment in Case C-132/20 Getin Noble Bank

The mere fact that a judge was appointed at a time when that judge’s Member State was not a democratic regime does not affect the independence and impartiality of that judge.

CP220052EN

 

Press Release 51/22: Judgment in Case C-533/20 Upfield Hungary

The list of ingredients of a food containing a vitamin is not required to mention the specific vitamin formulation used.

It is sufficient to indicate the name of the vitamin itself on the labelling of the food.

CP220051EN

 

Press Release 50/22: Judgment in Case C-433/20 Austro-Mechana

The ‘private copying’ exception under the Copyright Directive applies to the storage in the cloud of a copy of a protected work for private purposes.

Rightholders must receive fair compensation, which, however, need not necessarily be imposed on cloud providers.

CP220050EN

 

Press Release 49/22: Judgments in Cases C-117/20 bpost and C-151/20 Nordzucker and Others

Duplication of proceedings and penalties of a criminal nature in competition law: the Court specifies the protection against double jeopardy provided by EU law.

CP220049EN

 

Press Release 48/22: Judgment in Case C-508/19 Prokurator Generalny (Disciplinary Chamber of the Supreme Court – Appointment)

The Court declares inadmissible the request for a preliminary ruling from a Polish court, asking whether EU law confers on it the power, which it does not have under Polish law, to find that a judge’s service relationship does not exist due to irregularities vitiating the instrument of his appointment.

The questions referred by the national court do not meet an objective need for the purpose of settling the dispute brought before it.

CP220048EN

 

Press Release 47/22: Advocate General’s Opinion in Case C-159/20 Commission v Denmark

Advocate General Ćapeta: by failing to stop the use by Danish producers of the registered name ‘Feta’ for cheese intended for export to third countries, Denmark has failed to fulfil its obligations under EU law.

Nevertheless, Denmark has not infringed the duty of sincere cooperation as additionally claimed by the Commission.

CP220047EN

 

Press Release 46/22: Judgment in Joined Cases T-684/19 and T-704/19 MEKH and FGSZ v ACER

The General Court declares inapplicable the provisions of Regulation 2017/459 relating to the process for the creation of incremental capacity for gas transmission.

The decision of ACER on the creation of incremental capacity for the transmission of Black Sea gas between Hungary and Austria, adopted pursuant to those provisions, is consequently annulled.

CP220046EN

 

Press Release 45/22: Judgment in Case C-302/20 Autorité des marchés financiers

Freedom of the press: the disclosure by a journalist of inside information relating to the forthcoming publication of an article reporting rumours concerning companies listed on the stock exchange is lawful where it is necessary for the purpose of carrying out a journalistic activity and respects the principle of proportionality.

CP220045EN

 

Press Release 44/22: Judgment in Case C-177/20 Grossmania

Persons deprived of their rights of usufruct over agricultural land in Hungary in breach of EU law must be able to claim the reinstatement of those rights in the land register or compensation.

That is so even if they have not contested the unlawful deletion of those rights before the courts.

CP220044EN

 

Press Release 43/22: Judgment in Case C-205/20 Bezirkshauptmannschaft Hartberg-Fürstenfeld (Direct effect)

Posting of workers: national courts must ensure that penalties for non-compliance with administrative obligations are proportionate

National courts may apply a national system of penalties contrary to the Directive concerning the posting of workers as long as it ensures proportionality of the penalties.

CP220043EN

 

Press Release 42/22: Judgment in Case C-213/19 Commission v United Kingdom

The United Kingdom has failed to fulfil its obligations in relation to customs control and the availability of EU own resources by failing to adopt the measures necessary to combat fraud with regards to undervalued imports of textiles and footwear from China.

The United Kingdom should have taken account of the risk profiles and the types of customs control recommended to it by OLAF and the Commission.

CP220042EN

 

Press Release 41/22: Advocate General’s Opinion in Case C-873/19 Deutsche Umwelthilfe (Approval of motor vehicles)

Advocate General Rantos: approved environmental associations must be able to bring legal proceedings to challenge an EC type-approval of vehicles equipped with ‘defeat devices’ that may be prohibited.

A so-called ‘temperature window’ device can be permissible only under strict conditions.

CP220041EN

 

Press Release 40/22: Judicial statistics 2021: despite the pandemic, the judicial institution of the European Union has been able to ensure the continuity of its activities in full

The figures demonstrate a remarkable level of performance by the institution, notwithstanding a new upward trend as regards the number of cases brought before the Court of Justice and the General Court.

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Press Release 39/22: Advocate General’s Opinion in Case C-673/20 Préfet du Gers and Institut National de la Statistique et des Études
Économiques

Advocate General Collins: British nationals who enjoyed the benefits of Union citizenship do not retain those advantages following the UK’s withdrawal from the EU.

The loss of those rights is one of the consequences of the sovereign decision of the UK to withdraw from the European Union.

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Press Release 38/22: Judgment in Case C-452/20 Agenzia delle dogane e dei monopoli and Ministero dell’Economia e delle Finanze

Combatting tobacco consumption among young people: Member States may impose administrative sanctions on economic operators who infringe the prohibition on sales to minors, such as suspension of their trading licence for a period of 15 days.

The interest of protecting human health takes precedence over the right of the trader to sell tobacco products.

CP220038EN

 

Press Release 37/22: Judgment in Case C-389/20 TGSS (domestic worker unemployment)

Spanish legislation excluding domestic workers from unemployment benefit while they are almost exclusively women is contrary to EU law.

That exclusion constitutes indirect discrimination on grounds of sex as regards access to social security benefits.

CP220037EN

 

Press Release 36/22: Judgment in Joined Cases C-143/20 and C-213/20 ‘A.’ Towarzystwo Ubezpieczeń Życie (‘Unit-linked’ assurance contracts)

Court of Justice clarifies the scope of the pre-contractual information disclosure obligation in relation to ‘unit-linked’ group life assurance contracts.

CP220036EN

 

Press Release 35/22: Judgment in Case T-806/19 Govern d’Andorra v EUIPO (Andorra)

The General Court confirms that the figurative sign ANDORRA cannot be registered as an EU trade mark for several goods and services.

The mark is descriptive and the relevant public is likely to perceive it as an indication of the origin of the goods and services in question.

CP220035EN

 

Press Release 34/22: Judgments in Cases T-834/17 and T-540/18 United Parcel Service v Commission and ASL Aviation Holdings and ASL Airlines (Ireland) v Commission

The General Court dismisses two actions for damages brought by UPS and ASL Aviation Holdings.The two companies sought compensation for the economic damage allegedly suffered as a result of the unlawfulness of the Commission decision declaring a notified concentration incompatible with the internal market.

The two companies sought compensation for the economic damage allegedly suffered as a result of the unlawfulness of the Commission decision declaring a notified concentration incompatible with the internal market.

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cp220034MT

 

Press Release 33/22: Advocate General’s Opinion in Joined Cases C-14/21 and C-15/21 Sea Watch 

According to Advocate General Rantos, the compliance with international standards of private ships engaged in regular sea search and rescue activities may be monitored by the port State.

Under EU law, the port State may adopt detention measures where the inaccuracies found pose a manifest risk to safety, health or the environment.

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cp220033MT

 

Press Release 32/22: Judgment in Joined Cases C-562/22 PPU and C-563/21 PPU Openbaar Ministerie (Tribunal established by law in the issuing Member State)

Refusal to execute a European arrest warrant: the Court of Justice specifies the criteria permitting an executing judicial authority to assess whether there is any risk of breach of the requested person’s fundamental right to a fair trial.

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Press Release 31/22: Judgment in Case C-430/21 RS (Effect of the decisions of a constitutional court)

EU law precludes a national rule under which national courts have no jurisdiction to examine the conformity with EU law of national legislation which has been held to be constitutional by a judgment of the constitutional court of the Member State.

The application of such a rule would undermine the principle of the primacy of EU law and the effectiveness of the preliminary-ruling mechanism.

CP220031EN

cp220031MT

 

Press Release 30/22: Judgment in Case C-483/20 Commissaire général aux réfugiés et aux apatrides (Family unity – Protection already granted)

A Member State may exercise its option to declare an application for international protection inadmissible on the ground that the applicant has already been granted refugee status by another Member State.

However, family unity must be maintained where that applicant is the father of a child who is an unaccompanied minor who has been granted subsidiary protection in the first Member State.

CP220030EN

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Press Release 29/22: Judgment in Case C-160/20 Stichting Rookpreventie Jeugd and Others

Filter cigarettes: the method which has been established by ISO for determining the maximum emission levels for tar, nicotine and carbon monoxide and to which EU law refers is valid and binding on cigarette manufacturers.

However, since that method has not been published in the Official Journal of the European Union, it is not binding on the public generally, for example on associations for the protection of consumers’ health.

CP220029EN

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Press Release 28/22: Judgments in Cases C-156/21 Hungary v Parliament and Council and C-157/21 Poland v Parliament and Council

Measures for the protection of the Union budget: the Court of Justice, sitting as a full Court, dismisses the actions brought by Hungary and Poland against the conditionality mechanism which makes the receipt of financing from the Union budget subject to the respect by the Member States for the principles of the rule of law.

That mechanism was adopted on an appropriate legal basis, is compatible with the procedure laid down in Article 7 TEU and respects in particular the limits of the powers conferred on the European Union and the principle of legal certainty.

CP220028EN

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Press Release 27/22: Judgment in Case C-522/20 OE (Habitual residence of a spouse – Nationality criterion)

The period of residence required in order for the courts of a Member State to exercise their jurisdiction to hear and determine an application for divorce may legitimately vary according to the nationality of the applicant.

Since having the nationality of the Member State concerned helps to ensure a real link with that State, it is not manifestly inappropriate to require, in such circumstances, a minimum period of habitual residence in the national territory of six months instead of one year.

CP220027EN

 

Press Release 26/22: Judgment in Case C-485/20 HR Rail

A worker with a disability, including a worker doing a traineeship as part of his or her recruitment, who is declared incapable of performing the essential duties of the post that he or she occupies, may benefit from reassignment to another post for which he or she is competent, capable and available.

That reassignment must not, however, impose a disproportionate burden on the employer.

CP220026EN

 

Press Release 25/22: Judgment in Case T-791/19 Sped-Pro v Commission

The General Court annuls the decision of the Commission rejecting a complaint against PKP Cargo, a company controlled by the Polish State, concerning an alleged abuse of its dominant position on the market for rail freight transport services in Poland.

The General Court examines for the first time the impact of systemic or generalised deficiencies in the rule of law in a Member State on determining the competition authority that is best placed to examine a complaint.

CP220025EN

 

Press Release 24/22: Advocate General’s Opinion in Case C-500/20 ÖBB-Infrastruktur Aktiengesellschaft

Advocate General Ćapeta: the Court of Justice should find that it has jurisdiction to interpret the CUI Uniform Rules because the EU has exercised its shared competence by acceding to COTIF

The costs for leasing replacement locomotives do not fall under the strict liability of railway infrastructure managers for loss of or damage to property of the carrier under the CUI Uniform Rules. Such liability, however, can be extended by the parties to the contract.

CP220024EN

 

Press Release 23/22: Advocate General’s Opinion in Case C-121/21 Czech Republic v Poland (Turów mine)

Advocate General Pikamäe: By extending the development consent for lignite mining in the Turów mine by six years without carrying out an environmental impact assessment, Poland infringed EU law.

CP220023EN

 

Press Release 22/22: Judgment in Case T-399/19 Polskie Górnictwo Naftowe i Gazownictwo v Commission (Rejection of a complaint)

The General Court annuls the Commission’s decision to reject a complaint lodged by a Polish wholesaler.

The Commission failed to respect the Polish wholesaler’s procedural rights in the proceedings which led to the adoption of that decision.

CP220022EN

 

Press Release 21/22: Judgment in Case T-616/18 Polskie Górnictwo Naftowe i Gazownictwo v Commission (Commitments by Gazprom)

The General Court dismisses the action brought against a decision by the Commission to make binding on Gazprom commitments proposed by the latter in order to address competition concerns raised by the former in relation to the national markets for the upstream wholesale supply of gas in the countries of eastern and central Europe.

The decision to approve those commitments is not vitiated by the procedural or substantive errors claimed by the applicant.

CP220021EN

 

Press Release 20/22: Judgment in Case T-799/17 Scania and Others v Commission

The General Court dismisses Scania’s action and maintains the fine of €880.52 million imposed by the Commission for Scania’s participation in a cartel between truck manufacturers.

The General Court provides clarification on, first, the legality of a ‘hybrid’ procedure combining the settlement procedure and the standard administrative procedure in cartel matters and, second, the concept of a ‘single and continuous infringement’.

CP220020EN

 

Press Release 19/22: Advocate General’s Opinion in Case C-817/19 Ligue des droits humains

According to Advocate General Pitruzzella, the transfer and the generalised and undifferentiated automated processing of PNR data are compatible with the
fundamental rights to respect for private life and to the protection of personal data.

By contrast, a generalised and undifferentiated retention of PNR data in a non-anonymised form can be justified only where there is a serious, actual and present or foreseeable threat to the security of the Member States, and only on condition that the duration of such retention is limited to what is strictly necessary.

Furthermore, the transfer of data appearing under the heading ‘General remarks’ laid down by the PNR Directive does not meet the requirements of clarity and precision required by the Charter.

CP220019EN

 

Press Release 18/22: Judgment in Case C-788/19 Commission v Spain (Obligation to provide tax information)

National legislation requiring Spanish tax residents to declare their overseas assets or rights is contrary to EU law.

The restrictions on the free movement of capital imposed by that legislation are disproportionate.

CP220018EN

 

Press Release 17/22: Judgments in Cases C-234/20 and C-238/20 Sātiņi-S 

The Court of Justice interprets the provisions of EU law relating to compensation payments granted under Natura 2000.

Protection of the environment is capable of justifying a restriction on the use of the right to property which does not necessarily give rise to a right to compensation.

CP220017EN

 

Press Release 16/22: Judgment in Case T-286/09 RENV Intel Corporation v Commission

The General Court annuls in part the Commission decision imposing a fine of € 1.06 billion on Intel.

The Commission’s analysis is incomplete and does not make it possible to establish to the requisite legal standard that the rebates at issue were capable of having, or likely to have, anticompetitive effects.

CP220016EN

 

Press Release 15/22: Judgment in Case C-638/19 P Commission v European Food SA and Others

The General Court erred in law in finding that the Commission lacked competence to examine, in the light of the law on State aid, the compensation paid to Swedish investors by Romania in implementation of an arbitral award.

While that award had upheld the argument of those investors that that Member State had unlawfully repealed a tax incentives scheme before its accession to the European Union, the aid measure referred to by the Commission was nevertheless granted after that accession.

CP220015EN

 

Press Release 14/22: Judgment in Case C-181/20 VYSOČINA WIND

The Court of Justice rules that Directive 2012/19 on waste electrical and electronic equipment is partially invalid, in so far as it obliges producers of photovoltaic panels to finance the costs relating to the management of waste from those panels where they were placed on the market on a date prior to the date on which that directive entered into force.

In addition, the directive precludes national legislation which imposes the obligation to finance such costs on users of photovoltaic panels placed on the market after the date on which the directive entered into force.

CP220014EN

 

Press Release 13/22: Advocate General’s Opinion in Case C-430/21 RS

Advocate General Collins: EU law precludes a national provision or practice according to which national courts have no jurisdiction to examine if a provision of national law, that a decision of the constitutional court of the Member State has found to be constitutional, is in conformity with EU law.

It also precludes the initiation of disciplinary proceedings and the application of disciplinary penalties in respect of a judge arising from that examination.

CP220013EN

 

Press Release 11/22: Advocate General’s Opinion in Case C-328/20 Commission v Austria (Indexation of family benefits)

According to Advocate General Richard de la Tour, the indexation of the family allocation and tax advantages granted by Austria to workers whose children permanently reside in another Member State is contrary to EU law.

In Austria, workers from other Member States must be able to access the same allocations and tax advantages as Austrian workers, irrespective of the place of residence of their children, since they
contribute to the financing of the Austrian social security and tax system in the same way as Austrian workers.

CP220011EN

 

Press Release 10/22: Judgment in Case C-432/20 Landeshauptmann von Wien (Loss of long-term resident status)

A third-country national does not lose his or her long-term resident status if his or her presence in the territory of the European Union is limited, during a period of 12 consecutive months, to only a few days.

Once that status is acquired, it is not necessary for the person concerned to have his or her habitual residence or centre of interests in the European Union.

CP220010EN

 

Press Release 8/22: Judgment in Case C-51/20 Commission v Greece (Recovery of State aid – Ferronickel)

Greece is ordered to make a lump sum payment of €5 500 000 and periodic penalty payments of over €4 000 000 for every six months’ delay for failure to recover State aid granted to Larco.

The Court first declared that Greece had failed to fulfil its obligations in a judgment delivered in 2017.

CP220008EN

 

Press Release 7/22: Judgment in Case T-610/19 Deutsche Telekom v Commission

The General Court awards Deutsche Telekom compensation in the amount of approximately € 1.8 million for the harm which it suffered as a result of the European Commission’s refusal to pay it default interest on the amount of the fine which it had unduly paid for an infringement of competition rules.

CP220007EN

 

Press Release 6/22: Judgment in Case C-261/20 Thelen Technopark Berlin

Despite the fact that the Court has previously held that the German legislation setting minimum rates for fees for services provided by architects and engineers (the HOAI) is contrary to the Services Directive, a national court, when hearing a dispute between private individuals, is not required, solely on the basis of EU law, to disapply that German legislation.

This is, however, without prejudice to, first, the possibility for that court to disapply that legislation on the basis of domestic law in the context of such a dispute, and, second, the possibility, if appropriate, for a party which has been harmed as a result of that legislation not being in conformity with EU law to claim compensation from the German State.

CP220006EN

 

Press Release 5/22: Judgment in Case C-118/20 Wiener Landesregierung (Revocation of an assurance of naturalisation)

The revocation of an assurance of naturalisation must have due regard to the principle of proportionality where that revocation prevents the person concerned from recovering the citizenship of the Union.

However, it is in principle for the Member State the nationality of which the person concerned applied to relinquish in order to be able to obtain the nationality of another Member State to satisfy itself that its decision in response to that application only enters into force once the new nationality has actually been acquired.

CP220005EN

 

Press Release 3/22: Judgment in Case C-110/20 Regione Puglia

A Member State may, within the geographical limits set by it, grant several licenses to the same operator for the prospection, exploration and production of hydrocarbons, such as petrol and natural gas, for adjacent areas, provided that it ensures non-discriminatory access to those activities for all operators and assesses the cumulative effect of projects likely to have significant effects on the environment.

These requirements follow from the relevant EU legislation on public procurement rules and on protection of the environment.

CP220003EN

 

Press Release 2/22: Judgment in Joined Cases C-177/19 P Germany – Ville de Paris and Others v Commission, C-178/19 P Hungary – Ville de Paris and Others v Commission and C-179/19 P Commission v Ville de Paris and Others

The Court of Justice sets aside the judgment of the General Court partially annulling the Commission regulation fixing emission values for real driving emissions tests for new light vehicles.

Since the cities of Paris, Brussels and Madrid are not directly concerned by that regulation, their actions seeking its annulment must be dismissed as inadmissible.

CP220002EN

 

Press Release 1/22: Judgment in Case C-282/19 MIUR e Ufficio Scolastico Regionale per la Campania

Teachers of Catholic religious education: the requirement to hold a suitability certificate issued by a Church authority does not justify the renewal of fixed-term contracts.

There is no discrimination on grounds of religion or based on the fixed-term nature of the employment relationship.

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———————————–

 

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

 

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