European Court of Justice (News)

Royal Football Club Seraing
Football: the Court affirms the right, for clubs and players in particular, to obtain effective judicial review of arbitral awards made by the Court of Arbitration for Sport

Alace
Area of Freedom, Security and Justice
International protection: the designation of a third country as a ‘safe country of origin’ must be amenable to effective judicial review

The Minister for Children, Equality, Disability, Integration and Youth
Principles of Community law
Right to asylum: A Member State may not plead an unforeseeable influx of applicants for international protection in order to evade its obligation to cover asylum seekers’ basic needs

BAJI Trans
The principle of lex posterior mitius extends to a penalty classified as administrative under national law where it is of a criminal nature for the purposes of EU law

Volkswagen
Approximation of laws
A vehicle manufacturer cannot be exempted from its liability for an unlawful defeat device on the grounds that an EC type-approval has been granted

France v CWS Powder Coatings and Others
Approximation of laws
The Court of Justice upholds the annulment of the classification of titanium dioxide in certain powder forms as a carcinogenic substance

Banca Mediolanum
Taxation
Taxation: national legislation providing for tax being levied on more than 5% of the amount of the dividends that financial intermediaries receive, as parent companies, from their subsidiaries resident in other Member States is contrary to EU law

Veracash
Free movement of capital
Payment services: the payment card user is deprived of the right to obtain a refund of an unauthorised payment transaction of which he or she has become aware if he or she delayed in notifying it to his or her provider with intent or gross negligence

Daka
Independence of judges: the double appointment of judges to the Polish Supreme Court is compatible with EU law

Adrar
Area of Freedom, Security and Justice
Advocate General Spielmann: the court reviewing the lawfulness of the detention of an illegally staying third-country national must verify that the principle of non-refoulement does not preclude his or her removal

Sanofi Pasteur
Environment and consumers
Liability for Vaccines: AG Medina suggests that the unconditional application of a ten-year expiry period in the case of progressive injuries is contrary to the Charter

Google and Alphabet v Commission
Competition
In the Google Android case, Advocate General Kokott proposes that the Court of Justice dismiss Google’s appeal and, therefore, that it confirm the new fine of €4.124 billion set by the General Court

Commission v Poland
Approximation of laws
The prohibition on advertising for pharmacies in force in Poland is contrary to EU law

Entry into office of a new Member of the Court of Justice and of two new Members of the General Court of the European Union

WS and Others v Frontex
Law governing the institutions
Advocate General Ćapeta: Return Operations - the General Court erred in its assessment of the causal link in an action for damages brought by a Syrian family against Frontex

OHB System v Commission
Public procurement
Galileo Programme: the judgment of the General Court dismissing OHB System’s action against the award of the contract for transition satellites is set aside

Spain v Commission
Agriculture
The actions brought against the Commission’s determination of areas to be protected in certain deep-sea fishing grounds where vulnerable marine ecosystems are known to occur or are likely to occur are dismissed

Commission v Zippo Manufacturing and Others
External relations
2020 EU-US Tariff Dispute: Advocate General Ćapeta - the Commission did not violate Zippo’s right to be heard

Pumpyanskiy v Council
External relations
Freezing of funds: AG Medina considers the criterion for the inclusion of leading businesspersons on the restrictive measures lists, following the invasion of Ukraine by the Russian Federation, to be lawful

Commission v Hungary
Freedom of establishment
EU values: Advocate General Ćapeta considers that, by prohibiting or restricting access to LGBTI content, Hungary infringed EU law