European Court of Justice (News)

Puigdemont i Casamajó and Others v Parliament
Law governing the institutions
The Vice-President of the General Court of the European Union refuses the new request for the suspension of waiver of the parliamentary immunity of Mr Carles Puigdemont i Casamajó, Mr Antoni Comín i Oliveres and Ms Clara Ponsatí i Obiols

IB (Résidence habituelle d’un époux - Divorce)
Area of Freedom, Security and Justice
Jurisdiction to hear a divorce application: the Court clarifies the meaning and scope of the concept of the « habitual residence » of a spouse

État luxembourgeois (Informations sur un groupe de contribuables)
Approximation of laws
Coopération administrative dans le domaine fiscal : une demande d’informations peut concerner un groupe de personnes identifiables, mais non nominativement et individuellement identifiées

SpaceNet ,Telecom Deutschland,Commissioner of the Garda Síochána
Approximation of laws
Advocate General Campos Sánchez-Bordona reiterates that the general and indiscriminate retention of traffic and location data relating to electronic communications is permitted only in the event of a serious threat to national security

Governor of Cloverhill Prison and Others
External relations
The provisions in the Withdrawal Agreement concerning the European arrest warrant regime with respect to the United Kingdom and the provision in the Trade and Cooperation Agreement between the EU and the United Kingdom concerning the new surrender mechanism are binding on Ireland

Commission v Hungary
Area of Freedom, Security and Justice
By criminalising organising activities in relation to the initiation of a procedure for international protection by persons not fulfilling the national criteria for granting that protection, Hungary infringed EU law.

Prokuratura Rejonowa w Mińsku Mazowieckim
Area of Freedom, Security and Justice
EU law precludes the regime in force in Poland which permits the Minister for Justice to second judges to higher criminal courts; secondments which that minister - who is also the Public Prosecutor General - may terminate at any time without stating reasons

HR Rail
SOPO
Employment of people with disabilities: according to Advocate General Rantos, an employer is obliged, as a matter of reasonable accommodation, to reassign a worker who has become unfit for his or her job to another job where he or she has the necessary skill, ability and availability, and where such a measure does not impose a disproportionate burden on the employer

Dublin City Council
Freedom of movement for persons
The Court defines the scope of the concept of ‘working time’ for a period of stand-by time according to a stand-by system

MH and ILA
Freedom of establishment
A Member State cannot make, in principle, the full and automatic exclusion of pension rights from a bankruptcy estate dependent on the pension scheme in which those rights are held obtaining prior tax approval in that country where that scheme has already been tax approved in the home Member State of the migrant EU citizen concerned

Romania v Commission
Law governing the institutions
The General Court dismisses Romania’s action against the Commission’s decision registering the proposed citizens’ initiative entitled ‘Cohesion policy for the equality of the regions and sustainability of the regional cultures’

AC Milan v EUIPO - InterES (ACM 1899 AC MILAN)
Intellectual and industrial property
The General Court confirms that the sign representing the crest of the football club AC Milan cannot be registered internationally as a trade mark designating the Union for stationery and office supplies

Google and Alphabet v Commission (Google Shopping)
Competition
The General Court largely dismisses Google’s action against the decision of the Commission finding that Google abused its dominant position by favouring its own comparison shopping service over competing comparison shopping services

Abenante and Others v Parliament and Council
SANT
Certificats Covid numériques de l’Union européenne : le président du Tribunal rejette la demande de sursis à l’exécution du règlement établissant un cadre commun pour la délivrance, la vérification et l’acceptation des certificats

Volvo and DAF Trucks
Competition
Truck cartel in Spain: Advocate General Rantos clarifies the temporal scope of the directive on the compensation of victims of anti-competitive practices

Commission v Poland
Principles of Community law
As it has not suspended the application of the provisions of national legislation relating, in particular, to the areas of jurisdiction of the Disciplinary Chamber of the Supreme Court, Poland is ordered to pay the European Commission a daily penalty payment in an amount of €1 000 000

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

PL Holdings
DGEN
EU law prohibits the conclusion by a Member State of an arbitration agreement with identical content to an invalid arbitration clause in a bilateral investment treaty between Member States

Okrazhna prokuratura - Varna
Area of Freedom, Security and Justice
The Court provides guidance on specific provisions of the directive on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union

Polskie Linie Lotnicze "LOT" v Commission
Competition
The General Court dismisses the actions of Polskie Linie Lotnicze ‘LOT’ against the Commission decisions authorising the mergers concerning the acquisition by easyJet and Lufthansa, respectively, of certain assets of the Air Berlin group