European Court of Justice (News)

Commissioner of the Garda Síochána e.a
Approximation of laws
The Court confirms that EU law precludes the general and indiscriminate retention of traffic and location data relating to electronic communications for the purposes of combating serious crime

Procureur général près la cour d'appel d'Angers
DFON
Advocate General Rantos: the executing judicial authority may not refuse to execute a European arrest warrant on the ground that some of the various acts punishable as a single offence in the issuing Member State are not punishable under the criminal law of the executing Member State

Lombard Lízing
Approximation of laws
Loans denominated in foreign currencies: a non-binding opinion of a supreme court, indicating to the lower courts the approach to take in declaring a consumer contract valid where that contract cannot continue to exist as a result of the unfairness of a term relating to the main subject-matter of that contract, is not sufficient to ensure that the persons harmed by that term are fully protected

CTS Eventim
Environment and consumers
Online purchase of tickets for cultural or sporting events: the Court of Justice specifies the cases in which there is no right of withdrawal

RT France v Council
Opération militaire en Ukraine : le président du Tribunal rejette la demande de RT France visant à suspendre les sanctions adoptées par le Conseil

T 324/17 SAS Cargo Group and Others v Commission, T 325/17 Koninklijke Luchtvaart Maatschappij v Commission, T 326/17 Air Canada v Commission, T 334/17 Cargolux Airlines v Commission, T 337/17 Air France-KLM v Commission, T 338/17 Air France v Commission, T 340/17 Japan Airlines v Commission, T 341/17 British Airways v Commission, T 342/17 Deutsche Lufthansa and Others v Commission, T 343/17 Cathay Pacific Airways v Commission, T 344/17 Latam Airlines Group and Lan Cargo v Commission, T 350/17 Singapore Airlines and Singapore Airlines Cargo v Commission
Competition
Cartel on the airfreight market: the General Court rules on actions brought by multiple airlines

Getin Noble Bank
Approximation of laws
The mere fact that a judge was appointed at a time when that judge's Member State was not a democratic regime does not affect the independence and impartiality of that judge

Austro-Mechana
Freedom of establishment
The ‘private copying’ exception under the Copyright Directive applies to the storage in the cloud of a copy of a protected work for private purposes

Upfield Hungary
Agriculture and fisheries
The list of ingredients of a food containing a vitamin is not required to mention the specific vitamin formulation used

bpost, Nordzucker e.a
DFON
Duplication of proceedings and penalties of a criminal nature in competition law: the Court specifies the protection against double jeopardy provided by EU law

Prokurator Generalny (Chambre disciplinaire de la Cour suprême - Nomination)
Principles of Community law
The Court declares inadmissible the request for a preliminary ruling from a Polish court, asking whether EU law confers on it the power, which it does not have under Polish law, to find that a judge's service relationship does not exist due to irregularities vitiating the instrument of his appointment

Commission v Denmark (AOP Feta)
Agriculture and fisheries
Advocate General Ćapeta: by failing to stop the use by Danish producers of the registered name ‘Feta’ for cheese intended for export to third countries, Denmark has failed to fulfil its obligations under EU law

MEKH v ACER
Energy
The General Court declares inapplicable the provisions of Regulation 2017/459 relating to the process for the creation of incremental capacity for gas transmission

Autorité des marchés financiers
Freedom of establishment
Freedom of the press: the disclosure by a journalist of inside information relating to the forthcoming publication of an article reporting rumours concerning companies listed on the stock exchange is lawful where it is necessary for the purpose of carrying out a journalistic activity and respects the principle of proportionality

ˮGrossmaniaˮ
Free movement of capital
Persons deprived of their rights of usufruct over agricultural land in Hungary in breach of EU law must be able to claim the reinstatement of those rights in the land register or compensation

Bezirkshauptmannschaft Hartberg-Fürstenfeld (Effet direct)
Freedom of establishment
Posting of workers: national courts must ensure that penalties for non-compliance with administrative obligations are proportionate

Commission v United Kingdom
Own resources of the Communities
The United Kingdom has failed to fulfil its obligations in relation to customs control and the availability of EU own resources by failing to adopt the measures necessary to combat fraud with regards to undervalued imports of textiles and footwear from China

Deutsche Umwelthilfe (Réception des véhicules à moteur)
Environment and consumers
Advocate General Rantos: approved environmental associations must be able to bring legal proceedings to challenge an EC type-approval of vehicles equipped with ‘defeat devices’ that may be prohibited

Judicial statistics 2021: despite the pandemic, the judicial institution of the European Union has been able to ensure the continuity of its activities in full

Préfet du Gers and Institut National de la Statistique and des Études Économiques
DGEN
Advocate General Collins: British nationals who enjoyed the benefits of Union citizenship do not retain those advantages following the UK’s withdrawal from the EU