European Court of Justice (News)

Menci
DFON
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

La Mafia Franchises v EUIPO - Italie (La Mafia SE SIENTA A LA MESA)
Intellectual and industrial property
The mark ‘La Mafia se sienta a la mesa’ is contrary to public policy

Blanco Marqués
Social security for migrant workers
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

Crocs v EUIPO - Gifi Diffusion (Chaussures)
Intellectual and industrial property
The General Court confirms the cancellation of registration of Crocs’ design because it was made available to the public before its registration

TestBioTech v Commission
Environment and consumers
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

Cinkciarz.pl v EUIPO (€$)
Intellectual and industrial property
The General Court of the European Union annuls the refusal to register, as an EU trade mark, a figurative mark including the currency symbols ‘€’ and ‘$’

SNCF Mobilités v Commission
State aid
France must recover over € 642 million (excluding interest) in State aid granted to the company Sernam

flightright
Area of Freedom, Security and Justice
An airline which operated only the first leg of a connecting flight in one Member State can be sued before the courts of the final destination in another Member State for compensation for delays

Shoe Branding Europe v EUIPO - adidas (Position de deux bandes parallèles sur une chaussure)
Intellectual and industrial property
adidas may oppose the registration, as an EU trade mark, of two parallel stripes on shoes

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

Sporting Odds
SERV
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

Western Sahara Campaign
External relations
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

Associação Sindical dos Juízes Portugueses
DFON
The salary reductions applied to the judges of the Tribunal de Contas in Portugal do not infringe the principle of judicial independence

Commission v Grèce
Environment and consumers
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,

Commission v Poland
Environment and consumers
The Court of Justice finds that Poland has infringed EU law on ambient air quality

Dyson
Energy
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

The Scotch Whisky Association
Agriculture and fisheries
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’

Porras Guisado
SOPO
Pregnant workers may be dismissed on grounds of a collective redundancy

American Express
Freedom of establishment
A three party card 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

Louboutin and Christian Louboutin
Intellectual and industrial property
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