European Court of Justice (News)

Scotch Whisky Association
Agriculture and fisheries
In order to decide whether there is an ‘evocation’ prohibited by EU law, the national court must determine whether a consumer thinks directly of the protected geographical indication ‘Scotch Whisky’ when he sees a comparable product bearing the designation ‘Glen’

France v Parliament
Law governing the institutions
Advocate General Wathelet proposes that the Court should annul only the act by which the President of the Parliament declared in Brussels, and not in Strasbourg, that the general budget of the EU for 2017 was definitively adopted

Wirtschaftsakademie Schleswig-Holstein
Approximation of laws
The administrator of a fan page on Facebook is jointly responsible with Facebook for the processing of data of visitors to the page

Coman and Others
Citizenship of the Union
The term ‘spouse’ within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex

France v Parliament
Law governing the institutions
Advocate General Wathelet proposes that the Court should annul only the act by which the President of the Parliament declared in Brussels, and not in Strasbourg, that the general budget of the EU for 2017 was definitively adopted

Wirtschaftsakademie Schleswig-Holstein
Approximation of laws
The administrator of a fan page on Facebook is jointly responsible with Facebook for the processing of data of visitors to the page

Coman and Others
Citizenship of the Union
The term ‘spouse’ within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex

Solemn undertaking before the Court of Justice of the European Union of four new Members of the European Court of Auditors

Valcheva
Area of Freedom, Security and Justice
The notion of ‘rights of access’ includes the rights of access of grandparents to their grandchildren

Wegener
Environment and consumers
The right to compensation for long delays of flights applies to connecting flights to third States with stopovers outside the EU

Hassan
Area of Freedom, Security and Justice
When a person travels to a Member State after making a request for international protection in another Member State, the first Member State cannot decide to transfer that person to the second Member State before that second State has agreed to the request to take that person back

Solemn undertaking before the Court of Justice of the European Union of four new Members of the European Court of Auditors

Korwin-Mikke v Parliament
Law governing the institutions
The General Court annuls the decisions of the Bureau of the European Parliament to impose penalties on the European MEP Korwin-Mikke due to comments made on the floor of the Parliament

Hassan
Area of Freedom, Security and Justice
When a person travels to a Member State after making a request for international protection in another Member State, the first Member State cannot decide to transfer that person to the second Member State before that second State has agreed to the request to take that person back

Wind Tre
Freedom of establishment
Advocate General Campos Sánchez-Bordona proposes that the Court of Justice declare that the mere omission to provide the user with information on the pre-installation of voicemail and internet-access services on a SIM card intended to be inserted into a smartphone does not constitute an unfair commercial practice if that user has previously been informed about the terms of access and the cost of those services

Valcheva
Area of Freedom, Security and Justice
The notion of ‘rights of access’ includes the rights of access of grandparents to their grandchildren

Wegener
Environment and consumers
The right to compensation for long delays of flights applies to connecting flights to third States with stopovers outside the EU

Commission v Italy
Environment and consumers
For having failed to implement EU law on the collection and treatment of urban waste water within the time-limit, Italy is ordered to pay a lump sum of €25 million and a fine of more than €30 million for every six months of delay

IR
SOPO
According to Advocate General Wathelet, the prohibition of discrimination on grounds of religion precludes a Catholic doctor who is Head of Department at a Catholic hospital from being dismissed because of his divorce and remarriage

Kreuziger
Freedom of movement for persons
Advocate General Bot proposes that the Court of Justice should hold that the mere fact that a worker did not apply for leave cannot automatically entail the loss of the right to an allowance in lieu of untaken leave at the end of the employment relationship