European Court of Justice (News)

Dyson and Others v Commission
Law governing the institutions
Energy consumption of cyclonic bagless vacuum cleaners: the General Court dismisses Dyson Ltd’s claim for compensation for alleged loss

Hungary v Parliament and Council, Poland v Parliament and Council
Principles of Community law
AG Campos Sánchez-Bordona: the actions brought by Hungary and Poland against the regime of conditionality for the protection of the Union budget in the event of breaches of the principles of the rule of law should be dismissed

Facebook Ireland
Principles of Community law
According to Advocate General Richard de la Tour, the Member States may allow consumer protection associations to bring representative actions against infringements of the protection of personal data

Roos and Others v Parliament
SANT
Le président du Tribunal ne suspend pas la décision du Parlement européen conditionnant l’accès à ses bâtiments à la présentation d’un certificat Covid-19 numérique de l’UE

LR Ģenerālprokuratūra
Privileges and immunities
Where a criminal authority finds that the conduct investigated by it of a governor of a central bank of a Member State was manifestly not committed by that governor in his or her official capacity, proceedings against him or her may be continued since immunity from legal proceedings does not apply

Puigdemont i Casamajó and Others v Parliament
Law governing the institutions
The Vice-President of the General Court of the European Union refuses the new request for the suspension of waiver of the parliamentary immunity of Mr Carles Puigdemont i Casamajó, Mr Antoni Comín i Oliveres and Ms Clara Ponsatí i Obiols

IB (Résidence habituelle d’un époux - Divorce)
Area of Freedom, Security and Justice
Jurisdiction to hear a divorce application: the Court clarifies the meaning and scope of the concept of the « habitual residence » of a spouse

StWL Städtische Werke Lauf a.d. Pegnitz
Approximation of laws
‘Inbox advertising’: the display in the electronic inbox of advertising messages in a form similar to that of a real email constitutes use of electronic mail for the purposes of direct marketing within the meaning of Directive 2002/58

Delfarma
Free movement of goods
EU law precludes national legislation under which a parallel import licence of a medicinal product is to expire automatically after one year from the expiry of the marketing authorisation for the reference medicinal product, without carrying out an examination whether there is any risk to the health and life of humans

État luxembourgeois (Informations sur un groupe de contribuables)
Approximation of laws
Coopération administrative dans le domaine fiscal : une demande d’informations peut concerner un groupe de personnes identifiables, mais non nominativement et individuellement identifiées

Council v Hamas
External relations
The Court of Justice upholds the acts of the Council maintaining Hamas on the European list of terrorist organisations

IS (Illégalité de l’ordonnance de renvoi)
Area of Freedom, Security and Justice
EU law precludes a national supreme court, following an appeal in the interests of the law brought by the Prosecutor General, from declaring a request for a preliminary ruling submitted by a lower court unlawful on the ground that the questions referred are not relevant and necessary for the resolution of the dispute in the main proceedings

SpaceNet ,Telecom Deutschland,Commissioner of the Garda Síochána
Approximation of laws
Advocate General Campos Sánchez-Bordona reiterates that the general and indiscriminate retention of traffic and location data relating to electronic communications is permitted only in the event of a serious threat to national security

Governor of Cloverhill Prison and Others
External relations
The provisions in the Withdrawal Agreement concerning the European arrest warrant regime with respect to the United Kingdom and the provision in the Trade and Cooperation Agreement between the EU and the United Kingdom concerning the new surrender mechanism are binding on Ireland

Commission v Hungary
Area of Freedom, Security and Justice
By criminalising organising activities in relation to the initiation of a procedure for international protection by persons not fulfilling the national criteria for granting that protection, Hungary infringed EU law.

Prokuratura Rejonowa w Mińsku Mazowieckim
Area of Freedom, Security and Justice
EU law precludes the regime in force in Poland which permits the Minister for Justice to second judges to higher criminal courts; secondments which that minister - who is also the Public Prosecutor General - may terminate at any time without stating reasons

HR Rail
SOPO
Employment of people with disabilities: according to Advocate General Rantos, an employer is obliged, as a matter of reasonable accommodation, to reassign a worker who has become unfit for his or her job to another job where he or she has the necessary skill, ability and availability, and where such a measure does not impose a disproportionate burden on the employer

Dublin City Council
Freedom of movement for persons
The Court defines the scope of the concept of ‘working time’ for a period of stand-by time according to a stand-by system

MH and ILA
Freedom of establishment
A Member State cannot make, in principle, the full and automatic exclusion of pension rights from a bankruptcy estate dependent on the pension scheme in which those rights are held obtaining prior tax approval in that country where that scheme has already been tax approved in the home Member State of the migrant EU citizen concerned

Romania v Commission
Law governing the institutions
The General Court dismisses Romania’s action against the Commission’s decision registering the proposed citizens’ initiative entitled ‘Cohesion policy for the equality of the regions and sustainability of the regional cultures’