European Court of Justice (News)

Ministerstvo na vatreshnite raboti () and génétiques par la police)
Principles of Community law
The systematic collection of biometric and genetic data of any accused person in order for them to be entered in a police record is contrary to the requirement of ensuring enhanced protection with regard to the processing of sensitive personal data

De Capitani v Council
Law governing the institutions
The Council must grant access to documents drawn up within its working groups relating to the legislative procedure concerning the amendment of the directive on the annual financial statements

Unilever Italia Mkt. Operations
Competition
Abuse of a dominant position: exclusivity clauses in distribution contracts must be capable of having exclusionary effects

CIHEF and Others
Approximation of laws
The level of harmonisation achieved at EU level by the Biocidal Products Regulation does not prevent Member States from adopting restrictive rules on the promotion of sales of those products

Pesticide Action Network Europe and Others
Agriculture and fisheries
Protection phytosanitaire : les États membres ne peuvent pas déroger aux interdictions expresses de mise sur le marché et d’utilisation de semences traitées à l’aide de produits phytopharmaceutiques contenant des néonicotinoïdes

Spain v Commission
External relations
The Court annuls the Commission’s decision allowing Kosovo to participate in the Body of European Regulators for Electronic Communications

D.V. (Honoraires d’avocat - Principe du tarif horaire)
Approximation of laws
A term in a contract for the provision of legal services concluded between a lawyer and a consumer which sets the price on the basis of an hourly rate, without including any further details, does not satisfy the requirement of being drafted in plain intelligible language

Lietuvos geležinkeliai v Commission
Competition
Abuse of a dominant position: The Court of Justice upholds the judgment of the General Court imposing a fine of approximately € 20 million on the Lithuanian national rail company

HSBC Holdings and Others v Commission
Competition
Competition in the Euro Interest Rate Derivatives sector: the Court of Justice upholds the annulment of the € 33.6 million fine imposed on the HSBC Group

FTI Touristik (Voyage à forfait aux Îles Canaries)
Approximation of laws
Travellers whose package travel has been affected by measures to fight the COVID19 pandemic may be entitled to a reduction in the travel price

TP (Monteur audiovisuel pour la télévision publique)
Principles of Community law
Sexual orientation cannot be a reason to refuse to conclude a contract with a self-employed worker

RegioJet
Competition
A national court may order the disclosure of evidence for the purpose of proceedings for damages connected with an alleged infringement of competition law, even if the proceedings have been stayed owing to the Commission’s initiation of an investigation concerning the same infringement

Österreichische Post (Informations relatives aux destinataires de données personnelles)
Every person has the right to know to whom his or her personal data have been disclosed

Budapesti Elektromos Művek
The administrative and civil remedies provided for by the General Data Protection Regulation may be exercised concurrently with and independently of each other

DOBELES HES
State aid
The establishment as such of State aid cannot result from a judicial decision

Anonymised references for preliminary rulings lodged from 1 January 2023 to be allocated a fictional name

Udlændingenævnet (Examen linguistique imposé aux étrangers)
Freedom of movement for persons
Danish legislation which makes family reunification between a Turkish worker residing legally in Denmark and his or her spouse subject to the condition that that worker has successfully taken a test demonstrating a certain level of knowledge of Danish constitutes an unlawful 'new restriction'

Airbnb Ireland and Airbnb Payments UK
Short-term property rentals: EU law does not preclude the requirement to collect information or to withhold tax under a national tax regime
Short-term property rentals: EU law does not preclude the requirement to collect information or to withhold tax under a national tax regime

EUROAPTIEKA
Approximation of laws
The Latvian law banning the advertising of medicinal products on the basis of price, special sales or bundled sales of medicinal products and other products is compatible with EU law.

Generalstaatsanwaltschaft München (Demande d’extradition vers la Bosnie-Herzégovine)
Extradition of a Union citizen to a third State in order for him to serve a sentence in that State may be justified to prevent the risk of impunity