European Court of Justice (News)

Congregación de Escuelas Pías Provincia Betania
State aid
In the view of Advocate General Kokott, tax exemptions for Church-run schools do not, as a rule, breach the prohibition on State aid

Schmitt
Approximation of laws
The Court of Justice delivers its judgment in the case involving breast implants made of inferior quality industrial silicone

Avis au titre de l'article 218, paragraphe 11, TFUE
Law governing the institutions
The EU, acting on its own, may conclude the Marrakesh Treaty on access to published works for persons who are visually impaired

Carrefour Hypermarchés SAS v ITM Alimentaire International SASU

Comparative advertising based on prices as between shops having different formats and sizes is unlawful in certain circumstances

X and X
DFON
According to Advocate General Mengozzi, Members States must issue a visa on humanitarian grounds where substantial grounds have been shown for believing that a refusal would place persons seeking international protection at risk of torture or inhuman or degrading treatment

Minority SafePack - one million signatures for diversity in Europe v Commission
Citizenship of the Union
The General Court annuls the Commission decision refusing registration of the proposed European citizens’ initiative entitled ‘Minority SafePack - one million signatures for diversity in Europe’

Lounani
Area of Freedom, Security and Justice
An application for asylum can be rejected if the asylum seeker has participated in the activities of a terrorist network

Aloys F. Dornbracht v Commission
Competition
The Court of Justice dismisses the majority of the appeals brought by companies that participated in the cartel on the bathroom fixtures and fittings market

Vilkas
Area of Freedom, Security and Justice
The authorities responsible for executing a European arrest warrant must, in the event of force majeure being established, set a third surrender date where the first two surrender attempts have failed on account of the resistance put up by the requested person

Almaz-Antey Air and Space Defence v Council
External relations
The General Court upholds the freezing of funds of the Russian company Almaz-Antey

Nausicaa Anadyomène and Banque d'Escompte v ECB
Law governing the institutions
The ECB is not bound to make good the loss allegedly sustained in 2012 by commercial banks holding Greek debt instruments in connection with the restructuring of Greek debt

The Gibraltar Betting and Gaming Association Limited and The Queen
Freedom to provide services
Advocate General Szpunar considers that the UK and Gibraltar are a single Member State for the purposes of the freedom to provide services

Toshiba v Commission
Competition
The Court confirms the fine of €82 million imposed jointly and severally on Toshiba and Panasonic/MTPD for their participation in the cartel on the market for tubes for television sets

Timab Industries and CFPR v Commission
Competition
The Court confirms the fine of nearly €60 million imposed on the Roullier group regarding the phosphates cartel

Gascogne Sack Deutschland and Gascogne v Union
Law governing the institutions
The EU is ordered to pay more than €50 000 in damages to the companies Gascogne Sack Deutschland and Gascogne as a result of the excessive length of the proceedings before the General Court

Commission v Breyer
Law governing the institutions
Advocate General Bobek proposes broader access to Court documents

Advocate General Sharpston considers that the Singapore Free Trade Agreement can only be concluded by the European Union and the Member States acting jointly

Commission v Aer Lingus
State aid
The Court confirms that Ireland must recover the sum of €8 per passenger from airlines benefiting from unlawful State aid

Council v Front Polisario
Agriculture and fisheries
The Association and Liberalisation Agreements concluded between the EU and Morocco are not applicable to Western Sahara

Tele2 Sverige
Approximation of laws
The Members States may not impose a general obligation to retain data on providers of electronic communications services