European Court of Justice (News)

Bauer
DFON
Advocate General Bot proposes that the Court of Justice rule that EU law precludes national legislation which prevents the heirs of a deceased worker from claiming an allowance in lieu of outstanding leave

Liga van Moskeeën en Islamitische Organisaties Provincie Antwerpen and Others
Agriculture and fisheries
The Court confirms that ritual slaughter without stunning may take place only in an approved slaughterhouse

Bayer CropScience v Commission
Agriculture and fisheries
The General Court confirms the validity of the restrictions introduced at EU level in 2013 against the insecticides clothianidin, thiamethoxam and imidacloprid because of the risks those substances pose to bees

Karel de Grote - Hogeschool Katholieke Hogeschool Antwerpen
Approximation of laws
The EU directive on unfair terms in consumer contracts may apply to an educational establishment

AY
Area of Freedom, Security and Justice
According to Advocate General Szpunar, the Court is not competent to answer questions asked by the issuing judicial authority of a European arrest warrant on whether the executing authority can refuse to execute that warrant

Deutsche Lufthansa v Commission
Competition
The Commission must re-examine the request made by Lufthansa and Swiss concerning the waiver of their pricing commitments for the Zurich-Stockholm route

Esso Raffinage v ECHA
SANT
When assessing whether a registration dossier of a chemical substance complies with the REACH Regulation, the European Chemicals Agency must act in accordance with the procedures laid down by the regulation

K.A. and Others
Justice and Home Affairs
Requests for family reunification must be examined even if the national of a non-EU country, who is a family member of an EU citizen who has never exercised his right of freedom of movement, is subject to an entry ban

Čepelnik
Freedom of establishment
Advocate General Wahl proposes that the Court holds that national legislation requiring a recipient of services to provide security in order to secure a fine that might be imposed on a service provider established in another Member State for breach of a provision of national labour legislation is contrary to EU law

Abel and Others v Commission
The General Court dismisses the action for damages brought by almost 1 500 individuals following the adoption by the Commission of a 2016 regulation on pollutant emissions from vehicles

Ministerio Fiscal
DFON
Advocate General Saugmandsgaard Øe proposes that the Court should find that even criminal offences that are not particularly serious may justify disclosure of basic electronic communications metadata provided such disclosure does not seriously undermine the right to privacy

OTP Bank and OTP Faktoring
Environment and consumers
According to Advocate General Tanchev, a Member State legislative response to a ruling of the Court of Justice concerning the unfairness of contractual terms for lack of clarity is judicially reviewable

K.
Citizenship of the Union
The need for a restriction on the freedom of movement and residence of an EU citizen, or a family member of an EU citizen, suspected of having, in the past, participated in war crimes must be assessed on a case-by-case basis

Messi Cuccittini v EUIPO - J-M.-E.V. e hijos (MESSI)
Intellectual and industrial property
Lionel Messi may register his trade mark ‘MESSI’ for sports equipment and clothing

ANGED
Freedom of establishment
Regional taxes in Spain on large retail establishments are compatible with EU law

Senetic v EUIPO - HP Hewlett Packard Group (hp)
Intellectual and industrial property
Hewlett Packard can register the letters HP as an EU trade mark

Caisse régionale de crédit agricole mutuel Alpes Provence v ECB
Economic policy
The General Court declares that the same person may not occupy at the same time the post of chairman of the board of directors and that of ‘effective director’ in credit institutions subject to prudential supervision

MP
Area of Freedom, Security and Justice
A person who has in the past been tortured in his country of origin is eligible for ‘subsidiary protection’ if he faces a real risk of being intentionally deprived, in that country, of appropriate physical and psychological health care

One of Us and Others v Commission
Law governing the institutions
The General Court confirms the decision of the Commission not to submit a legislative proposal in the context of the European citizens’ initiative ‘One of Us’

Councils and mise en relations (CMR)
Freedom of establishment
Commercial agents are entitled to the indemnity and compensation provided for even if termination of the agency contract occurs during the trial period