European Court of Justice (News)

Région de Bruxelles-Capitale v Commission
Agriculture and fisheries
Advocate General Bobek argues in favour of a more open interpretation of the criteria of direct concern

YouTube
Freedom of establishment
According to Advocate General Saugmandsgaard Øe, as EU law currently stands, online platform operators, such as YouTube and Uploaded, are not directly liable for the illegal uploading of protected works by the users of those platforms

Belgian State (Regroupement familial - Enfant mineur)
Area of Freedom, Security and Justice
The date to be taken into account, in order to determine whether a family member of a sponsor is a ‘minor child’ is the date of submission of the application for entry and residence

Presidenza del Consiglio dei Ministri
Area of Freedom, Security and Justice
Member States must grant compensation to all victims of violent intentional crime, including to those victims residing in their own territory

AFMB and Others
Social security for migrant workers
The employer of drivers of heavy goods vehicles employed in international longdistance transport is the transport undertaking that has actual authority over those drivers, that bears, in reality, the cost of their wages and that has actual power to dismiss them

Commission v Romania (Lutte contre le blanchiment de capitaux)
Own resources of the Communities
Romania and Ireland are ordered to pay the Commission a lump sum of €3,000,000 and €2,000,000 respectively

Facebook Ireland and Schrems
Approximation of laws
The Court of Justice invalidates Decision 2016/1250 on the adequacy of the protection provided by the EU-US Data Protection Shield

Ireland v Commission
State aid
The General Court of the European Union annuls the decision taken by the Commission regarding the Irish tax rulings in favour of Apple

Banca Transilvania
Approximation of laws
A contractual term which has not been negotiated but which reflects a rule that, under national law, applies between parties provided that no other arrangements have been established in that respect, falls outside the scope of EU law on unfair terms in consumer contracts

CK Telecoms UK Investments v Commission
Competition
The General Court annuls the Commission’s decision to block the proposed acquisition of Telefónica UK by Hutchison 3G UK in the sector of the mobile telephony market

Council v K. Chrysostomides & Co. and Others
Law governing the institutions
According to Advocate General Pitruzella, the Courts of the European Union do not have jurisdiction to hear actions for damages brought against the Euro Group

Hungary v Parliament and Council
Advocate General Sánchez-Bordona proposes that the Court of Justice should dismiss the actions for annulment brought by Hungary and Poland against the Directive strengthening posted workers’ rights

Nord Stream 2 v Parliament and Council
Energy
The General Court of the European Union declares that the actions brought by Nord Stream AG and Nord Stream 2 AG against Directive 2019/692, which extends certain rules of the internal market in natural gas to pipelines from third countries, are inadmissible

Presidenza del Consiglio dei Ministri
Area of Freedom, Security and Justice
Advocate General Bobek: Member States must grant compensation to any victim of a violent intentional crime, regardless of his or her residence

Országos Idegenrendeszeti Főigazgatóság Dél-alföldi Regionális Igazgatóság
Area of Freedom, Security and Justice
The placing of asylum seekers or third-country nationals who are the subject of a return decision in the Röszke transit zone at the Serbian-Hungarian border must be classified as ‘detention’

Volotea v Commission
State aid
The General Court dismisses the actions against the Commission decision declaring illegal the aid from Italy to several airlines serving Sardinia

Press release following the judgment of the German Constitutional Court of 5 May 2020

Austria v Commission
State aid
Advocate General Hogan: the Court should reject Austria’s appeal in UK State Aid Case

Rina
Area of Freedom, Security and Justice
The victims of the sinking of a vessel, which sailed under the flag of Panama, may bring an action for damages before the Italian courts against the Italian organisations which classified and certified that vessel

Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO
Intellectual and industrial property
The Court of Justice sets aside the judgment of the General Court according to which the collective mark HALLOUMI, reserved for Cypriot cheesemakers, does not preclude the sign ‘BBQLOUMI’ from being registered as a European Union trade mark for cheese of a Bulgarian producer