Commission v Spain
Freedom of establishment
Spain is ordered to pay a lump sum of €3 million because of its delay in liberalising the port cargo-handling services sector
France v Commission
State aid
The Court confirms that the capital injection and the privatisation measures adopted by France in favour of SNCM constitute unlawful State aid incompatible with the internal market
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
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
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