European Court of Justice (News)

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

Airbnb Ireland
Freedom of establishment
Belgian regional legislation requiring providers of property intermediation services and, in particular, operators of an electronic accommodation platform to transmit to the tax authorities certain particulars of tourist accommodation transactions is not contrary to EU law

Poland v Parliament and Council
Intellectual and industrial property
The obligation, on online content-sharing service providers, to review, prior to its dissemination to the public, the content that users wish to upload to their platforms, is accompanied by the necessary safeguards to ensure that that obligation is compatible with freedom of expression and information

Landespolizeidirektion Steiermark , Bezirkshauptmannschaft Leibnitz (Durée maximale du contrôle aux frontières intérieures)
Area of Freedom, Security and Justice
Where there is a serious threat to its public policy or internal security, a Member State may reintroduce border control at its borders with other Member States, but without exceeding a maximum total duration of six months 

Broadcast by streaming of hearings and the handing down of judgments and opinions of the Court of Justice

C-476/20 Cirsa Italia, C-477/20 Codere Network, C-478/20 Gamenet, C-479/20 NTS Network,
Freedom of establishment
Slot machines: According to Advocate General Rantos, the fight against the risks associated with gambling addiction may justify a reduction in the commission and fees payable to licence holders

Google (Déréférencement d’un contenu prétendument inexact)
DFON
According to Advocate General Pitruzzella, a request for de-referencing on the basis of information alleged to be false requires the operator of the search engine to carry out the checks which fall within its specific capacities

Fuhrmann-2
Approximation of laws
Contract by electronic means: in order to be validly bound by such a contract, consumers must clearly understand on the basis only of the words appearing on the ordering button that as soon they click on that button they will be under an obligation to pay

United Airlines
Transport
Passengers of a delayed flight may claim compensation from a non-EU air carrier where that carrier operates the entirety of the flight on behalf of an EU carrier