European Court of Justice (News)

Air Berlin
Transport
Cancellation fees charged by airline companies may be assessed for unfairness

Toshiba v Commission
Competition
The Court upholds the €61.44 million fine imposed on Toshiba (of which €4.65 million jointly and severally with Mitsubishi) for its participation in the gas insulated switchgear cartel

Fries
Transport
The age limit of 65 years laid down in EU law for pilots of commercial aircraft transporting passengers, cargo or mail is valid

Uber France
Approximation of laws
According to Advocate General Szpunar, Member States may prohibit and punish, as a matter of criminal law, the illegal exercise of transport activities in the context of the UberPop service, without notifying the Commission of the draft law in advance

Congregación de Escuelas Pías Provincia Betania
State aid
Tax exemptions for the Catholic Church in Spain may constitute unlawful State aid if and to the extent to which they are granted for economic activities

Farrell
Approximation of laws
Advocate General Sharpston clarifies the criteria for determining what is an ‘emanation of the State’ for the purposes of establishing the bodies against which an individual may bring a claim based on rights under an EU directive which has not been transposed correctly into national law

Unibet International
Freedom to provide services
The Hungarian legislation on the authorisation of online games of chance is not compatible with the principle of the freedom to provide services

Federatie Nederlandse Vakvereniging and Others
SOPO
Employees’ rights in the event of transfers of undertakings may be maintained where a ‘pre-pack’ is put into effect following insolvency

Martinez Silva
Area of Freedom, Security and Justice
A national of a non-EU country holding a single work permit in a Member State enjoys, as a general rule, the social security benefits provided for nationals of that State

W and Others
Approximation of laws
Where there is a lack of scientific consensus, the proof of the defect of the vaccine and of a causal link between the defect and the damage suffered may be made out by serious, specific and consistent evidence

Mengesteab
Area of Freedom, Security and Justice
Advocate General Sharpston considers that an applicant for international protection can challenge a Member State’s decision to transfer him to another Member State on the basis that the ‘take charge request’ sent by the first Member State was not made within the time limits set out under EU law

Stichting Brein
Freedom of establishment
Making available and managing an online platform for sharing copyright-protected works, such as ‘The Pirate Bay’, may constitute an infringement of copyright

TofuTown.com
Agriculture and fisheries
Purely plant-based products cannot, in principle, be marketed with designations such as ‘milk’, ‘cream’, ‘butter’, ‘cheese’ or ‘yoghurt’, which are reserved by EU law for animal products

Menini and Rampanelli
Approximation of laws
EU law does not preclude national legislation which provides that, in disputes involving consumers, mandatory mediation should take place before any court proceedings

The Gibraltar Betting and Gaming Association Limited and The Queen
Freedom to provide services
The principle of freedom to provide services guaranteed by EU law does not apply between Gibraltar and the UK

Entry into office of a new Member at the General Court of the European Union

King
Freedom of movement for persons
Advocate General Tanchev considers that it is incompatible with EU law to require a worker to take leave first before being able to establish whether he is entitled to be paid for it

Dextro Energy v Commission
Environment and consumers
The Court confirms that a number of health claims relating to glucose cannot be authorised

A.S.
Area of Freedom, Security and Justice
In the exceptional circumstances of the refugee crisis, Advocate General Sharpston considers that the Member States in which applications for international protection were first lodged are responsible for examining those applications

Lounes
Citizenship of the Union
According to Advocate General Bot, 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 and developing a family life there