European Court of Justice (News)

Ligue des droits humains
Processing of personal data: decisions taken by a supervisory authority in the context of the indirect exercise of the rights of the data subject are legally binding

NC
A change in the holder of a Spanish notarial practice may constitute a transfer of an undertaking

Bundesamt für Fremdenwesen und Asyl and Others
Area of Freedom, Security and Justice
According to Advocate General Jean Richard de la Tour, the discriminatory measures adopted against Afghan women by the Taliban regime amount, on account of their cumulative effect, to persecution

Commission v Ireland and Others
State aid
According to Advocate General Pitruzzella, the judgment of the General Court on ‘tax rulings’ adopted by Ireland in relation to Apple should be set aside

Commission v Sweden
Approximation of laws
Failure of a Member State to fulfil obligations: Sweden is ordered to pay € 8 500 000 for late transposition of the amended Firearms Directive

Všeobecná úverová banka
Unfair term in a consumer credit contract secured by the family home: the court must assess the proportionality between the seller or supplier’s power to demand the whole of the loan and the seriousness of the consumer’s non-compliance

Gesamtverband Autoteile-Handel
Approximation of laws
Car manufacturers must make vehicle identification numbers available to independent operators

Google Ireland and Others
Freedom of establishment
Combating illegal content on the Internet: a Member State may not subject a communication platform provider established in another Member State to general and abstract obligations

Mazepin v Council
External relations
War in Ukraine: the General Court confirms that the funds of Mr Dmitry Arkadievich Mazepin must remain frozen

Sattvica v EUIPO - Maradona and Others (DIEGO MARADONA)
Intellectual and industrial property
Legal battle over the DIEGO MARADONA trade mark: the General Court of the European Union confirms the EUIPO’s refusal to register the transfer of that trade mark in favour of the Argentine company Sattvica

Sofatutor
Approximation of laws
The consumer’s right to withdraw from an initially free and automatically extended subscription made via distance contract is guaranteed only once

Ascenza Agro and Industrias Afrasa v Commission
Agriculture and fisheries
The General Court dismisses the action against the non-renewal of the approval of the active substance chlorpyrifos-methyl, used in plant protection products

Information

La Quadrature du Net and Others
Approximation of laws
Advocate General Szpunar: the retention of, and access to, civil identity data linked to the IP address used should be allowed in cases where those data are the only means of investigation that make it possible to identify the perpetrators of copyright infringements committed exclusively on the internet

Ryanair v Commission
State aid
State aid to SAS during the COVID-19 pandemic: the Court of Justice definitively dismisses Ryanair’s actions concerning the loan guarantees put in place by Sweden and Denmark in April 2020

Commission v United Kingdom
Taxation
The Court of Justice orders the United Kingdom to pay a lump sum penalty of € 32 million for having failed to prohibit the use of marked fuel in private pleasure boats within the time limit prescribed by the Commission

Spain v Commission
State aid
The General Court annuls the Commission’s decision declaring the Spanish tax scheme on the deduction for indirect acquisitions of shareholdings in foreign companies unlawful

Valve Corporation v Commission
Competition
Online video games: the General Court confirms that geo-blocking of activation keys for the Steam platform infringed EU competition law

Entry into office of two new Members of the General Court of the European Union
Entry into office of two new Members of the General Court of the European Union

ADDE and Others
Area of Freedom, Security and Justice
Reintroduction of border controls at internal borders: the ‘Returns’ Directive applies to any third-country national who has entered the territory of a Member State without fulfilling the conditions of entry, stay or residence.