European Court of Justice (News)

HR Rail
SOPO
A worker with a disability, including a worker doing a traineeship as part of his or her recruitment, who is declared incapable of performing the essential duties of the post that he or she occupies, may benefit from reassignment to another post for which he or she is competent, capable and available

Sped-Pro v Commission
Competition
The General Court annuls the decision of the Commission rejecting a complaint against PKP Cargo, a company controlled by the Polish State, concerning an alleged abuse of its dominant position on the market for rail freight transport services in Poland

ÖBB-Infrastruktur Aktiengesellschaft
Transport
Advocate General Ćapeta: the Court of Justice should find that it has jurisdiction to interpret the CUI Uniform Rules because the EU has exercised its shared competence by acceding to COTIF

Czech Republic v Poland (Mine de Turów)
Environment and consumers
Advocate General Pikamäe: By extending the development consent for lignite mining in the Turów mine by six years without carrying out an environmental impact assessment, Poland infringed EU law

Polskie Górnictwo Naftowe i Gazownictwo v Commission (Rejet de plainte)
Competition
The General Court annuls the Commission’s decision to reject a complaint lodged by a Polish wholesaler

Scania and Others v Commission
Competition
The General Court dismisses Scania’s action and maintains the fine of €880.52 million imposed by the Commission for Scania’s participation in a cartel between truck manufacturers

Polskie Górnictwo Naftowe i Gazownictwo v Commission (Engagements de Gazprom)
Competition
The General Court dismisses the action brought against a decision by the Commission to make binding on Gazprom commitments proposed by the latter in order to address competition concerns raised by the former in relation to the national markets for the upstream wholesale supply of gas in the countries of eastern and central Europe

Sātiņi-S
Agriculture and fisheries
The Court of Justice interprets the provisions of EU law relating to compensation payments granted under Natura 2000

Ligue des droits humains
Area of Freedom, Security and Justice
According to Advocate General Pitruzzella, the transfer and the generalised and undifferentiated automated processing of PNR data are compatible with the fundamental rights to respect for private life and to the protection of personal data

Commission v Spain (Obligation d’information en matière fiscale)
Freedom of movement for persons
National legislation requiring Spanish tax residents to declare their overseas assets or rights is contrary to EU law

Intel Corporation v Commission
Competition
The General Court annuls in part the Commission decision imposing a fine of € 1.06 billion on Intel

Commission v European Food and Others
State aid
The General Court erred in law in finding that the Commission lacked competence to examine, in the light of the law on State aid, the compensation paid to Swedish investors by Romania in implementation of an arbitral award

VYSOČINA WIND
Approximation of laws
The Court of Justice rules that Directive 2012/19 on waste electrical and electronic equipment is partially invalid, in so far as it obliges producers of photovoltaic panels to finance the costs relating to the management of waste from those panels where they were placed on the market on a date prior to the date on which that directive entered into force

Luxembourg Business Registers,C-601/20 Sovim
Approximation of laws
Prévention du blanchiment de capitaux et protection de la vie privée et des données à caractère personnel : l’avocat général Pitruzzella confirme la validité du régime d’accès public aux informations sur les bénéficiaires effectifs de sociétés

RS (Effet des arrêts d’une juridiction constitutionnelle)
Law governing the institutions
Advocate General Collins: EU law precludes a national provision or practice according to which national courts have no jurisdiction to examine if a provision of national law, that a decision of the constitutional court of the Member State has found to be constitutional, is in conformity with EU law

Commission v Austria (Indexation des prestations familiales)
Social security for migrant workers
According to Advocate General Richard de la Tour, the indexation of the family allocation and tax advantages granted by Austria to workers whose children permanently reside in another Member State is contrary to EU law

Landeshauptmann von Wien (Perte du statut de résident de longue durée)
Area of Freedom, Security and Justice
A third-country national does not lose his or her long-term resident status if his or her presence in the territory of the European Union is limited, during a period of 12 consecutive months, to only a few days

Romania v Commission
Citizenship of the Union
La Cour confirme la décision de la Commission d’enregistrer la proposition d’initiative citoyenne européenne « Minority SafePack - one million signatures for diversity in Europe »

Commission v Greece (Récupération d’aides d’État - Ferronickel)
State aid
Greece is ordered to make a lump sum payment of €5 500 000 and periodic penalty payments of over €4 000 000 for every six months’ delay for failure to recover State aid granted to Larco

Deutsche Telekom v Commission
Competition
The General Court awards Deutsche Telekom compensation in the amount of approximately € 1.8 million for the harm which it suffered as a result of the European Commission’s refusal to pay it default interest on the amount of the fine which it had unduly paid for an infringement of competition rules