European Court of Justice (News)

Thelen Technopark Berlin
Principles of Community law
In Advocate General Maciej Szpunar’s view, a national court hearing a dispute between individuals concerning a claim based on a national provision which fixes minimum tariffs for service providers in a manner that is contrary to the Services Directive must disapply such a national provision

Commission v Spain
Résidents fiscaux en Espagne : selon l’avocat général Saugmandsgaard Øe, sont contraires au droit de l’Union les amendes forfaitaires infligées en cas d’inexécution ou d’exécution tardive de l’obligation d’information concernant la détention de biens et droits à l’étranger 

Poland v Parliament and Council
According to Advocate General Saugmandsgaard Øe, Article 17 of Directive 2019/790 on copyright and related rights in the Digital Single Market is compatible with the freedom of expression and information guaranteed in Article 11 of the Charter of Fundamental Rights of the European Union

Volvo and Others
Area of Freedom, Security and Justice
Cartel on the sale prices of trucks: the Court of Justice clarifies the courts with jurisdiction over actions for damages

A (Soins de santé publics)
Citizenship of the Union
The Court confirms the right of economically inactive Union citizens residing in a Member State other than their Member State of origin to be affiliated to the public sickness insurance system of the host Member State

Commission v Landesbank Baden-Württemberg and SRB
Economic policy
Annulment of the decision of the Single Resolution Board on the calculation of ex ante contributions to the Single Resolution Fund for 2017 as far as it concerns Landesbank Baden-Württemberg on the ground that the statement of reasons was inadequate

Tartu Vangla
Principles of Community law
The Estonian legislation imposing an absolute bar on a prison officer remaining in employment when his or her hearing acuity does not meet minimum standards of sound perception without allowing it to be ascertained whether that officer is capable of performing his or her duties is contrary to EU law

The Department for Communities in Northern Ireland
DISC
The UK legislation on Universal Credit, which deprives of that benefit Union citizens who have a right to reside on the basis of the scheme established in the context of Brexit but who do not satisfy all of the conditions of Directive 2004/38, is compatible with the principle of equal treatment guaranteed by EU law

FBF
Law governing the institutions
Les orientations sur les modalités de gouvernance et de surveillance des produits bancaires de détail de l’Autorité bancaire européenne sont valides

Ministrstvo za obrambo
Freedom of movement for persons
The Court of Justice provides guidance on the instances in which the Directive concerning certain aspects of the organisation of working time does not apply to activities carried out by military personnel

Nike European Operations Netherlands and Converse Netherlands v Commission
State aid
Tax rulings issued to Nike and Converse by the Netherlands tax administration: the General Court dismisses the action brought against the Commission’s decision to initiate the formal investigation procedure

Ryanair and Laudamotion v Commission
State aid
The General Court confirms that the aid granted by Austria to Austrian Airlines in order to compensate it for the damage resulting from the cancellation or rescheduling of its flights due to the COVID-19 pandemic is compatible with the internal market

Commission v Poland
La Pologne doit suspendre immédiatement l’application des dispositions nationales relatives notamment aux compétences de la chambre disciplinaire de la Cour suprême

Guerlain v EUIPO () and cylindrique)
Intellectual and industrial property
EU trade mark: the three-dimensional mark in the shape of a Guerlain lipstick may be registered

Getin Noble Bank
Approximation of laws
Advocate General Bobek: the circumstances referred by the Polish Supreme Court are not such as to cast doubts on the independence and impartiality of potentially all Polish judges appointed before 2018

Pharma Expressz
Approximation of laws
A medicinal product not subject to medical prescription in one Member State may not be placed on the market in another Member State unless that Member State, too, has granted its marketing authorisation

Région wallonne (Aide aux jeunes agriculteurs)
Agriculture and fisheries
European rural development policy: the determining criterion for enabling a young farmer to access business start-up aid is the standard gross output of the entire agricultural holding, and not simply his or her share in that holding

Ardagh Metal Beverage Holdings v EUIPO (Marque sonore)
Intellectual and industrial property
The Court gives a ruling for the first time on the registration of a sound mark submitted in audio format

Entry into office of a new member of the General Court of the European Union

Commission v European Food and Others
State aid
According to Advocate General Szpunar, the General Court erred in law in concluding that the Commission was not competent to examine, in the light of the law on State aid, compensation paid by Romania following an arbitral award