European Court of Justice (News)

Canon v Commission
Competition
The General Court dismisses the action brought by Canon, which was fined € 28 million by the Commission for failure to comply with merger control rules in its acquisition of Toshiba Medical Systems Corporation

C-693/19 SPV Project 1503, C-831/19 Banco di Desio e della Brianza e.a., C-725/19 Impuls Leasing România , C-869/19 Unicaja Banco
Approximation of laws
Unfair terms in consumer contracts: national procedural principles cannot impede the rights that individuals derive from EU law

Servizio Elettrico Nazionale and Others
Competition
The Court of Justice sets out the criteria for defining a dominant position in connection with exclusionary practices on the basis of anticompetitive effects of the conduct of an incumbent operator in the context of the liberalisation of the electricity market

W. J. (Changement de résidence habituelle du créancier d’aliments)
Area of Freedom, Security and Justice
For the purpose of identifying the law applicable to a maintenance payment, the habitual residence of its recipient is that of the place where the habitual centre of his or her life is located, particularly where it concerns a young child

Luso Temp
SOPO
Compensation in respect of days of paid annual leave not taken and the corresponding holiday bonus pay granted to temporary agency workers must be at least equal to that which would be granted to them if they had been recruited directly by the user undertaking to occupy the same job for the same period of time

Czech Republic v Commission
Law governing the institutions
The General Court upholds in part the Czech Republic’s action based on the unjust enrichment of the Commission in so far as it concerns the repayment of an amount equivalent to approximately € 726 000 that that Member State had to pay to that institution in the context of the recovery of anti-dumping duties

Fininvest and Berlusconi v ECB
Economic policy
The General Court upholds the decision by which the ECB refused to authorise Silvo Berlusconi’s acquisition of a qualifying holding in Banca Mediolanum

All European Final of the European Moot Court Competition takes place at the Court of Justice of the European Union in Luxembourg on 6 May

Ministre de la Transition écologique and Premier ministre (Responsabilité de l’État pour la pollution de l’air)
Environment and consumers
Advocate General Kokott: Member States may be liable for health damage caused by excessive air pollution

London Steam-Ship Owners’ Mutual Insurance Association
Area of Freedom, Security and Justice
Advocate General Collins: An arbitral award judgment may be a relevant judgment for the purposes of the Regulation on recognition and enforcement of judgments

Subdelegación del Gobierno en Toledo (Séjour d’un membre de la famille - Ressources insuffisantes)
Citizenship of the Union
A relationship of dependency capable of justifying the grant of a derived right of residence to the parent, who is a non-EU national, of a minor, who is a Union citizen, is presumed where that parent lives on a stable basis with the other parent, who is a Union citizen, of that minor

Victorinox
Approximation of laws
A trader who offers, on websites such as Amazon, goods which he has not himself produced must inform the consumer of the manufacturer’s guarantee if that guarantee has been made a central or essential element of the offer

BPC Lux 2 and Others
DFON
The Portuguese legislation which provides the basis for the resolution action in respect of Banco Espírito Santo is compatible with the right to property

Wizz Air Hungary v Commission (TAROM; aide au sauvetage)
State aid
The General Court upholds the Commission’s decision approving rescue aid of €36 660 000 granted by Romania to the airline TAROM

IG Metall and ver.di
Freedom of establishment
Advocate General Richard de la Tour: the transformation of a German public limited company into a European company does not make it possible to dispense with the specific ballot for the election of trade union representatives to the Supervisory Board

Meta Platforms Ireland
Principles of Community law
Consumer protection associations may bring representative actions against infringements of personal data protection

Vinařství U Kapličky
A certificate from the authorities of a third State on the conformity of a consignment of wine with the oenological practices of the European Union does not by itself constitute evidence of compliance with those practices for the purposes of the marketing of that wine within the European Union

Federatie Nederlandse Vakbeweging
SOPO
Corporate insolvency and employees’ rights: in the event of a transfer of assets in the context of a pre-pack procedure, the transferee is entitled to derogate from the obligation to safeguard employees’ rights if that procedure is governed by statutory or regulatory provisions

C and CD (Obstacles juridiques à l’exécution d’une décision de remise)
Area of Freedom, Security and Justice
The concept of "force majeure" rendering impossible the execution of a European arrest warrant does not extend to legal obstacles which arise from legal actions brought by the requested person

T-710/21 Roos e.a./Parlement, T-722/21 D'Amato e.a./Parlement , T-723/21 Rooken e.a./Parlement
SANT
COVID certificate and access to the buildings of the European Parliament: the General Court of the European Union dismisses the action of certain Members of the European Parliament