European Court of Justice (News)

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’

AC Milan v EUIPO - InterES (ACM 1899 AC MILAN)
Intellectual and industrial property
The General Court confirms that the sign representing the crest of the football club AC Milan cannot be registered internationally as a trade mark designating the Union for stationery and office supplies

Google and Alphabet v Commission (Google Shopping)
Competition
The General Court largely dismisses Google’s action against the decision of the Commission finding that Google abused its dominant position by favouring its own comparison shopping service over competing comparison shopping services

Bundesrepublik Deutschland (Maintien de l’unité familiale)
Area of Freedom, Security and Justice
The Common European Asylum System does not, in principle, preclude a Member State from automatically extending, as a derived right and for the purposes of maintaining family unity, refugee status to the minor child of a parent who has been granted that status

Governor of Cloverhill Prison and Others
Area of Freedom, Security and Justice
Advocate General Kokott: The provisions of the Withdrawal Agreement and of the Trade and Cooperation Agreement, which provide for the continuation of the European arrest warrant regime in respect of the United Kingdom, are binding on Ireland.

Abenante and Others v Parliament and Council
SANT
Certificats Covid numériques de l’Union européenne : le président du Tribunal rejette la demande de sursis à l’exécution du règlement établissant un cadre commun pour la délivrance, la vérification et l’acceptation des certificats

Volvo and DAF Trucks
Competition
Truck cartel in Spain: Advocate General Rantos clarifies the temporal scope of the directive on the compensation of victims of anti-competitive practices

Commission v Poland
Principles of Community law
As it has not suspended the application of the provisions of national legislation relating, in particular, to the areas of jurisdiction of the Disciplinary Chamber of the Supreme Court, Poland is ordered to pay the European Commission a daily penalty payment in an amount of €1 000 000

Entry into office of two new Members of the General Court of the European Union