European Court of Justice (News)

Préfet du Gers and Institut National de la Statistique and des Études Économiques
DGEN
Consequences of Brexit: British nationals who used to enjoy the rights attached to European citizenship no longer benefit, after the withdrawal of the United Kingdom from the European Union, from the right to vote and to stand as a candidate in municipal elections in their Member State of residence

Apple v EUIPO - Swatch (THINK DIFFERENT)
Intellectual and industrial property
Apple and Swatch ‘THINK DIFFERENT’

Louboutin (Usage d’un signe contrefaisant sur un marché en ligne)
Intellectual and industrial property
Online sale of counterfeit Louboutin high-heel shoes: according to Advocate General Szpunar, the specific features of Amazon’s business practices do not support the finding that a sign has been used within the meaning of EU law

Get Fresh Cosmetics
Approximation of laws
Effervescent bath bombs: Member States may, under certain conditions, restrict the distribution of cosmetic products which, because they have the appearance of foodstuffs, may be mistaken for foodstuffs and cause health risks

Daimler (Responsabilité des constructeurs de véhicules munis de dispositifs d’invalidation)
Environment and consumers
Unlawful defeat devices in diesel vehicles: Advocate General Rantos considers that the purchaser of a vehicle equipped with such a device must have a right to compensation against the vehicle manufacturer

FCC Česká republika
Environment and consumers
The mere extension of the duration of the operation of waste disposal at a landfill does not constitute a substantial change to the operating permit

HK v Danmark and HK/Privat
Principles of Community law
An age limit laid down in the statutes of an organisation of workers for eligibility to stand as sector convenor of that organisation falls within the scope of the ‘Anti-Discrimination’ directive

Prigozhin v Council
External relations
The General Court confirms the restrictive measures adopted by the Council against the Russian businessman Yevgeniy Viktorovich Prigozhin, in view of the situation in Libya

T 510/17 & Del Valle Ruiz and Others v Commission and SRB, T 523/17 & Eleveté Invest Group and Others v Commission and SRB, T 570/17& Algebris (UK) and Anchorage Capital Group v Commission and T 628/17 & Aeris Invest v Commission and SRB
Economic policy
The actions seeking annulment of the resolution scheme in respect of Banco Popular and/or the Commission decision endorsing that scheme are dismissed in their entirety

Spetsializirana prokuratura (Procès d’un accusé en fuite)
Area of Freedom, Security and Justice
An accused person who cannot be located may be tried or convicted in absentia but has the right, subsequently, to secure the reopening of the proceedings on the merits of the case in his or her presence

INAIL and INPS
Social security for migrant workers
Ryanair flight and cabin crew not covered by E101 certificates who work for 45 minutes per day in that airline’s premises intended to be used by staff located at Bergamo airport and who, for the remaining working time, are on board that airline’s aircraft are subject to Italian social security legislation

Ryanair v Commission (Condor; aide au sauvetage)
State aid
The General Court of the European Union confirms that the German aid for the rescue of Condor is compatible with EU law

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