European Court of Justice (News)

R O
Area of Freedom, Security and Justice
Advocate General Szpunar: the UK’s decision to leave the EU should not affect the execution of a European arrest warrant issued by it

Renckhoff
Freedom of establishment
The posting on a website of a photograph that was freely accessible on another website with the consent of the author requires a new authorisation by that author

Commission v Spain
Environment and consumers
On account of its delay in implementing the Urban Waste Water Treatment Directive, Spain is ordered to pay a lump sum of €12 million and a penalty payment of almost €11 million per six-month period of delay

Commission v United Parcel Service
Competition
Advocate General Kokott suggests that the Court of Justice should confirm that the Commission’s decision prohibiting the acquisition of TNT Express by UPS should be annulled due to a procedural error

European Union v Gascogne Sack Deutschland and Gascogne
Law governing the institutions
Advocate General Wahl: the Court of Justice should set aside the judgments of the General Court by which it ordered the EU to pay compensation for material damage to a number of companies as a result of the excessive length of proceedings before that court

Vernaza Ayovi
DFON
The framework agreement on fixed-term work does not mean that non-permanent workers in the Spanish public sector must be guaranteed reinstatement in the event that their disciplinary dismissal is found to be wrongful

AY
Area of Freedom, Security and Justice
The execution of a European arrest warrant cannot be refused on the ground that a decision of the Public Prosecutor’s Office has closed a criminal investigation when, during that investigation, the requested person was interviewed as a witness only

Société des produits Nestlé v Mondelez UK Holdings & Services
Intellectual and industrial property
EUIPO must reconsider whether the three-dimensional shape of a ‘4 Finger KitKat’ can be retained as an EU trade mark

Dyson
Energy
Not providing consumers with information on the testing conditions that resulted in the energy classification indicated on the energy label of vacuum cleaners does not constitute a ‘misleading omission’

Commission v Spain and Others
State aid
The Court of Justice sets aside the judgment of the General Court on the ‘Spanish tax lease system’

Generalstaatsanwaltschaft (Conditions de détention en Hongrie)
DFON
An assessment of detention conditions in the issuing Member State made prior to the execution of a European arrest warrant must be limited to the prisons in which it is actually intended that the person concerned will be held

Minister for Justice and Equality
Area of Freedom, Security and Justice
A judicial authority called upon to execute a European arrest warrant must refrain from giving effect to it if it considers that there is a real risk that the individual concerned would suffer a breach of his fundamental right to an independent tribunal and, therefore, of the essence of his fundamental right to a fair trial on account of deficiencies liable to affect the independence of the judiciary in the issuing Member State

Chrysostomides, K. & Co. and Others v Council and Others
Law governing the institutions
The Court rejects the claims for compensation brought by several individuals and companies in relation to the restructuring of the Cypriot banking sector

Banque postale v ECB
Economic policy
The General Court annuls the decisions of the ECB refusing to allow six French credit institutions to exclude from the calculation of the leverage ratio certain exposure connected to French savings accounts

Curto v Parliament
Staff Regulations of Officials
The General Court orders the European Parliament and the EIB to each pay €10 000 in damages to members of staff who have suffered psychological harassment

The Goldman Sachs Group v Commission
Competition
The General Court confirms the fines of over €300 million that the Commission imposed on the main European and Asian producers of (extra) high voltage power cables for their participation in a worldwide cartel

Tjebbes and Others
Citizenship of the Union
Advocate General Mengozzi proposes that the Court should rule that the automatic loss of Netherlands nationality, which leads to the loss of citizenship of the EU, for minors living outside the EU is incompatible with EU law

Banger
Citizenship of the Union
Where an EU citizen returns to his Member State of origin, that Member State must facilitate the entry and residence of the non-EU partner with whom that citizen has a durable relationship

Austria v Commission
State aid
The General Court confirms the decision by which the Commission approved the aid provided by the UK in favour of the Hinkley Point C nuclear power station

Jehovan todistajat
PDON
A religious community, such as the Jehovah’s Witnesses, is a controller, jointly with its members who engage in preaching, for the processing of personal data carried out by the latter in the context of door-to-door preaching