Press release 34/18 Judgments in Joined Cases C-524/15 & C 537/16 and C-596/16 & C-597/16

The ‘ne bis in idem’ principle may be limited for the purpose of protecting the financial interests of the EU and the financial markets thereof.



Press release 33/18 Judgment in Case T 1/17 La Mafia Franchises, SL v EUIPO

 The mark ‘La Mafia se sienta a la mesa’ is contrary to public policy



Press release 32/18 Judgment in Case C-431/16

The pension supplement granted in Spain to workers suffering from total permanent incapacity is compatible with the receipt of a retirement pension from another Member State or from Switzerland



Press release 31/18 Judgment in Case T-651/16 Crocs, Inc. v EUIPO

The General Court confirms the cancellation of registration of Crocs’ design because it was made available to the public before its registration.



Press release 30/18 Judgment in Case T-33/16 TestBio Tech v Commission.

The General Court annuls the decision whereby the Commission rejected an application for review of the marketing authorisation granted to products containing genetically modified soybeans.



Press release 29/18 Judgment in Case T-665/16 sp. z o.o. v EUIPO

The General Court annuls the refusal to register, as an EU trade mark, a figurative mark including the currency symbols ‘€’ and ‘$’



Press release 28/18 Judgment in Joined Cases C 274/16, C 447/16 and C 448/16

An airline which operated in a Member State only the first leg of a connecting flight can be sued before the courts of the final destination in another Member State for compensation for delay.



Press release 27/18 Judgment in Case C 127/16 P SNCF Mobilités v Commission

France must recover over € 642 million (excluding interest) in State aid granted to the company Sernam.



Press release 26/18 Judgment in Case C 284/16 Slowakische Republik v Achmea BV.

The arbitration clause in the Agreement between the Netherlands and Slovakia on the protection of investments is not compatible with EU law.



Press release 25/18 Judgment in Joined Cases C 52/16 and C-113/16

Depriving persons of their right of usufruct if they do not have a close family tie with the owner of agricultural land in Hungary is contrary to EU law



Press release 24/18 Judgment in Cases T-85/16 and T-629/16 Shoe Branding Europe BVBA v EUIPO

adidas may oppose the registration, as an EU trade mark, of two parallel stripes on shoes



Press release 23/18 Judgment in Case C 46/17 Hubertus John v Freie Hansestadt Bremen

The extension of a contract of employment beyond the normal retirement age may be of limited duration



Press release 22/18 Judgment in Case C-3/17 Sporting Odds Ltd v Nemzeti Adó- és Vámhivatal Központi Irányítása

The Hungarian legislation on the grant of concessions for operating traditional casinos and that relating to the organisation of online casino games are not compatible with EU law



Press release 21/18 Judgment in Case C-266/16 Western Sahara Campaign UK

The Fisheries Agreement concluded between the EU and Morocco is valid in so far as it is not applicable to Western Sahara and to its adjacent waters.



Press release 20/18 Judgment in Case C-64/16 Associação Sindical dos Juízes Portugueses v Tribunal de Contas

The salary reductions applied to the judges of the Tribunal de Contas in Portugal do not infringe the principle of judicial independence



Press release 19/18 Judgment in Case C-336/16 Commission v Poland

The Court of Justice finds that Poland has infringed EU law on ambient air quality.



Press release 18/8 Advocate General’s Opinion in Case C 632/16 Dyson Ltd, Dyson BV v BSH Home Appliances NV

Advocate General Saugmandsgaard Øe proposes that the Court holds that suppliers and dealers of vacuum cleaners may not use supplementary labels which reproduce or clarify the information contained in the energy label provided for in an EU regulation



Press release 17/18 Judgment in Case C-328/16 Commission v Greece

Greece is ordered to pay a lump sum of €5 million and a sliding-scale periodic penalty payment of €3.28 million for each six-month period of delay for having delayed the implementation of EU law on urban waste water treatment



Press release 16/18 Advocate General’s Opinion in Case C-44/17 The Scotch Whisky Association, The Registered Office v Michael Klotz

Advocate General Saugmandsgaard Øe issues his opinion on the interpretation of EU law provisions relating to geographical indications for spirit drinks in the context of a dispute concerning a German whisky named ‘Glen Buchenbach’



Press release 15/18 Judgment in Case C-103/16 Jessica Porras Guisado v Bankia S.A., Fondo de Garantía Salarial and Others

Pregnant workers may be dismissed on grounds of a collective redundancy



Press release 14/18 Judgment in Case C-518/15 Ville de Nivelles v Rudy Matzak

 Stand-by time of a worker at home who is obliged to respond to calls from the employer within a short period must be regarded as ‘working time’



Press release 13/18 Advocate General’s Opinion in Case C 441/17 Commission v Poland

According to Advocate General Bot, the forestry management decisions taken by Poland concerning the Natura 2000 Puszcza Białowieska site infringe EU law.



Press release 12/18 Judgments in Case C 304/16 and C-643/16

A three party scheme involving a co-branding partner or an agent is subject to the same restrictions as those applicable to four party schemes with respect to interchange fees



Press release 11/18 Advocate General’s Opinion in Case C-163/16 Christian Louboutin, Christian Louboutin SAS v Van Haren Schoenen BV.

According to Advocate General Szpunar, a trade mark combining colour and shape may be refused or declared invalid on the grounds set out under EU trade mark law.



Press release 10/18 Judgment in Case C-359/16 Ömer Altun and Others

National courts may, in cases of fraud, disregard social security certificates issued to workers posted within the EU.



Press release 9/18 Judgments in cases: C-261/16P, C-263/16P, C-264/16P and C-271/16P

The Court of Justice upholds the fines imposed by the Commission on a number of companies for their participation in cartels in the international air freight forwarding services sector



Press release 8/18 Judgment in Case C-473/16 F v Bevándorlási és Állampolgársági Hivatal

An asylum seeker may not be subjected to a psychological test in order to determine his sexual orientation



Press release 7/18 Judgment in Case C-498/16 Maximilian Schrems v Facebook Ireland Limited

Mr Schrems may bring an individual action in Austria against Facebook Ireland.



Press release 6/18 Judgment in Case C-179/16 F. Hoffmann-La Roche Ltd and Others v Autorità Garante della Concorrenza e del Mercato.

The agreement between the pharmaceutical groups Roche and Novartis designed to reduce the use of Avastin in ophthalmology and to increase the use of Lucentis might constitute a restriction of competition ‘by object’



Press release 5/18 Judgment in Case C-45/17 Frédéric Jahin v Ministère de l’Économie et des Finances and Ministre des Affaires sociales et de la Santé

Income from assets of French nationals who work in a State other than a Member State of the EU/EEA or Switzerland may be subject to French social security contributions



Press release 4/18 AGO Case C 528/16 Confédération paysanne and Others v Premier ministre et ministre de l’Agriculture, de l’Agroalimentaire et de la Forêt

According to Advocate General Bobek, organisms obtained by mutagenesis are, in principle, exempted from the obligations in the Genetically Modified Organisms Directive



Press release 3/18 Judgment in Case T-747/15 EDF v Commission

The General Court of the EU upholds the Commission’s decision ordering France to recover €1.37 billion in the context of State aid granted to EDF



Press release 2/18 Advocate General’s Opinion in Case C-673/16 Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Others

According to Advocate General Wathelet, the term ‘spouse’ includes, in the light of the freedom of residence of citizens of the EU and their family members, spouses of the same sex.



Press Release 1/18 AGO C-266/16 Western Sahara Campaign v Secretary of State for Environment

According to Advocate General Wathelet, the Fisheries Agreement concluded between the EU and Morocco is invalid because it applies to the Western Sahara and its adjacent waters






Press release 146/17 Judgment in Case C-158/16 Margarita Isabel Vega González v Consejería de Hacienda y Sector Público del Principado de Asturias

A fixed-term worker elected to a parliamentary role must be able to benefit, for the purposes of holding political office, from the same special leave granted to a permanent civil servant



Press release 145/17 Judgment in Case C 102/16 Vaditrans BVBA v Belgische Staat

In the road transport sector, drivers may not take the regular weekly rest period to which they are entitled in their vehicle



Press release 144/17 Judgment in Case C 442/16 Florea Gusa v Minister for Social Protection, Ireland and Attorney

An EU citizen who, after more than one year, has ceased to work in a self-employed capacity in another Member State because of an absence of work owing to reasons beyond his control retains the status of self-employed person and, consequently, a right to reside in that Member State



Press release 143/17 Judgment in Case C-226/16 Eni and Others v Premier Ministre and Ministre de l’Environnement, de l’Énergie et de la Mer

Member States cannot require natural gas suppliers to hold exclusively on national territory sufficient natural gas stocks to fulfil the obligations laid down by the EU regulation on security of gas supply



Press release 142/17 Judgments in joined cases C-66/16P-C-69/16P and cases C-70/16P & C-81/16P

The Court annuls the Commission’s decision ordering the recovery of State aid granted by Spain to operators of the terrestrial television platform



Press release 141/17 Judgment in Case C-467/17 Brigitte Schlömp v Landratsamt Schwäbisch Hall

In situations in which it is mandatory to have recourse to arbitration proceedings, a Swiss arbitration authority responsible for dealing with civil actions constitutes a court for the purposes of the Lugano II Convention



Press release 140/17 Judgment in Case C-434/16 Peter Nowak v Data Protection Commissioner

The written answers submitted at a professional examination and any comments of the examiner with respect to those answers constitute a candidate’s personal data to which he has, in principle, a right of access



Press release 139/17 Judgment in Case C-393/16 Comité Interprofessionnel du Vin de Champagne v Aldi Süd Dienstleistungs-GmbH & Co. OHG

A sorbet may be sold under the name ‘Champagner Sorbet’ if it has, as one of its essential characteristics, a taste attributable primarily to champagne



Press release 138/17 Judgment in Case C 291/16 Schweppes SA v Red Paralela SL and Red Paralela BCN SL

The Spanish company Schweppes may not oppose the import of bottles of tonic water bearing the trade mark ‘Schweppes’ and originating in the UK if it has itself given the impression that that trade mark is a single global trade mark



Press release 137/17 Judgment in Case C-372/16 Soha Sahyouni v Raja Mamisch

The Rome III Regulation does not determine the law applicable to private divorces



Press release 136/17 Judgment in Case C 434/15 Asociación Profesional Elite Taxi v Uber Systems Spain SL

The service provided by Uber connecting individuals with non-professional drivers is covered by services in the field of transport



Press release 135/17 Judgment in Cases T-712/15 and T-52/16 Crédit mutuel Arkéa v ECB

The ECB may exercise prudential supervision of the Groupe Crédit mutuel through the Confédération nationale du Crédit mutuel, including in respect of the Crédit mutuel Arkéa



Press release 134/17 Judgment in Case C-636/16 Wilber López Pastuzano v Delegación del Gobierno en Navarra

A decision may not be adopted to expel a third-country national who is a long-term resident for the sole reason that he or she has been sentenced to a term of imprisonment of more than one year



Press release 133/17 Judgment in Case T-61/16 The Coca-Cola Company v EUIPO

Coca-Cola may oppose the registration of the sign ‘Master’ which uses the same font as its own for the marketing of beverages and food products



Press release 132/17 Judgment in Case C 230/16 Coty Germany GmbH v Parfümerie Akzente GmbH

A supplier of luxury goods can prohibit its authorised distributors from selling those goods on a third-party internet platform such as Amazon



Press release 131/17 Advocate General’s Opinion in Case C 451/16 MB v Secretary of State for Work and Pensions

Advocate General Bobek considers that a requirement in national law for a person who has changed gender to be unmarried in order to qualify for a state retirement pension is unlawful



Press release 130/17 Judgment in Case C-42/17 M.A.S. and M.B.

The obligation to protect the financial interests of the EU must be reconciled with observance of the principle that offences and penalties must be defined by law



Press release 129/17 Judgment in Case T-893/16 Xiaomi, Inc. v European Union Intellectual Property Office (EUIPO)

Apple succeeds in preventing the registration of ‘MI PAD’ as an EU trade mark in respect of electronic devices and (tele)communication services



Press release 128/17 AGO in Case C 426/16 Liga van Moskeeën Islamitische Organisaties Provincie Antwerpen, VZW e.a. v Vlaams Gewest

According to Advocate General Wahl, the requirement for ritual slaughtering without stunning to be carried out in an approved slaughterhouse does not infringe the right to religious freedom.



Press release 127/17 Judgment in Cases T-633/16, Dominique Bilde v European Parliament and T-634/16, Sophie Montel v European Parliament

The General Court upholds the decision of the European Parliament to recover from Dominique Bilde MEP the sums paid for the employment of a parliamentary assistant on the grounds that she had not proven that work was in fact carried out by that assistant



Press release 126/17 Judgment in Case C-214/16 Conley King v The Sash Window Workshop Ltd and Richard Dollar

A worker must be able to carry over and accumulate unexercised rights to paid annual leave when an employer does not put that worker in a position in which he is able to exercise his right to paid annual leave



Press release 125/17 Judgment in Case C-265/16 VCAST Limited v RTI SpA

The making available of copies of television programmes saved in the cloud must be authorised by the holder of the copyright or related rights



Press release 124/17 Judgment in Case C-514/16 Isabel Maria Pinheiro Vieira Rodrigues de Andrade and Fausto da Silva Rodrigues de Andrade v José Manuel Proença Salvador, Crédito Agrícola Seguros – Companhia de Seguros de Ramos Reais SA and Jorge Oliveira Pinto

Damage caused by vehicles which are also intended to be used as machines for carrying out work must be covered by compulsory motor-vehicle insurance against civil liability only when such vehicles are being used principally as a means of transpor



Press release 123/17 Judgment in Case C-251/16 Edward Cussens and Others v T.G. Brosnan

The prohibition of abusive practices in the sphere of VAT is applicable regardless of a national measure giving effect to it in Member States



Press Release 122/17 Order of the Court in Case C 441/17 R Commission v Poland

Poland must immediately cease its active forest management operations in the Białowieża Forest, except in exceptional cases where they are strictly necessary to ensure public safety



Press release 121/17 Judgment in Case C-165/16 Toufik Lounes v Secretary of State for the Home Department

A non-EU national may benefit from a right of residence in the Member State in which his EU citizen family member resided before acquiring the nationality of that Member State in addition to her nationality of origin



Press release 120/17 Judgment in Case C-671/15 President of the Autorité de la concurrence v Association des producteurs vendeurs d’endives (APVE) and Others

Concertation on price and quantities between several organisations of agricultural producers and associations of such organisations may constitute an agreement, decision or concerted practice for the purposes of competition law



Press release 119/17 Advocate General’s Opinion in Case C-498/16 Maximilian Schrems v Facebook Ireland Limited

According to Advocate General Bobek, Maximilian Schrems may be able to rely on his consumer status in order to sue Facebook Ireland before the Austrian Courts with respect to the private use of his own Facebook account



Press release 118/17 T-180/15 Icap and others V Commission

The EU General Court annuls in part the Commission’s decision against the Icap Group in the cartels relating to Yen interest rate derivatives



Press release 117/17 Advocate General’s Opinion in Case C-414/16 Vera Egenberger v Evangelisches Werk für Diakonie und Entwicklung e.V.

According to Advocate General Tanchev, occupational requirements set by religious organisations are subject to judicial review with respect to alleged unlawful discrimination on the basis of belief



Press release 116/17 Judgment in Case C 98/15 María Begoña Espadas Recio v Servicio Público de Empleo Estatal (SPEE)

The method used in Spain to determine the basis for the calculation of the duration of unemployment benefit for ‘vertical’ part-time workers is contrary to EU law



Press release 115/17 Judgment in Case C-306/16 Maio Marques da Rosa v Varzim Sol— Turismo, Jogo e Animação SA

The weekly rest period for workers does not necessarily have to be granted the day following six consecutive working days



Press release 114/17 Advocate General’s Opinion in Case C-359/16 Ömer Altun and Others v Openbaar Ministerie

According to Advocate General Saugmandsgaard Øe, a national court may, in the event of fraud, disapply the social security certificate of posted workers in the EU



Press release 113/17 Judgment in Case C-90/16 The English Bridge Union Limited v Commissioners for Her Majesty’s Revenue & Customs

Duplicate bridge is not a ‘sport’ within the meaning of the VAT Directive and cannot therefore be exempt as such



Press release 112/17 Judgment in Case C-106/16 Polbud – Wykonawstwo sp. z o.o.

Member States may not impose mandatory liquidation on companies that wish to transfer their registered office to another Member State



Press release 111/17 Judgment in Case C 201/16 Majid Shiri v Bundesamt für Fremdenwesen und Asyl

An applicant for international protection can rely, before a court or tribunal, on the expiry of the period laid down for his removal to another Member State



Press release 110/17 Advocate General’s Opinion in Case C 353/16 MP v Secretary of State for the Home Department

According to Advocate General Bot, the lack of appropriate psychological care in the country of origin of a person who was tortured there in the past is not sufficient to allow that person to claim subsidiary protection



Press release 108/17 Judgments in Cases C-598/16 P Viktor Fedorovych Yanukovych v Council and C-599/16 P Oleksandr Viktorovych Yanukovych v Council

The Court of Justice confirms the freezing of funds of Mr Viktor Yanukovych, former President of Ukraine, and of his son Oleksandr for the period from 6 March 2015 until 6 March 2016



Press release 109/17 Advocate General’s Opinion in Joint Cases C 316/16 and C-424/16 B v Land Baden-Württemberg and Secretary of State for the Home Department v Franco Vomero

According to Advocate General Szpunar, the acquisition of a right of permanent residence is a prerequisite of an EU citizen being able to qualify for enhanced protection against expulsion



Press release 107/17 Judgment in Case C 65/16 Istanbul Lojistik Ltd v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság

The Hungarian tax on motor vehicles is incompatible with the EEC-Turkey Association Agreement



Press release 106/17 Judgment in Case C 409/16 Maria-Elleni Kalliri v Ypourgos Esoterikon and Ypourgos Ehtnikis Paideias kai Thriskevmaton.

A law that lays down, as a criterion for admission to a police school, a minimum height requirement irrespective of sex may constitute unlawful discrimination against women


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