European Court of Justice (News)

Dansk Erhverv v Commission
State aid
The General Court annuls the Commission decision finding that the non-charging of a deposit on certain drinks packaging sold by German border shops to customers resident in Denmark does not constitute State aid

Yanukovych v Council
External relations
The General Court annuls the Council’s 2019 acts extending the fund-freezing measures imposed on Viktor Yanukovych, former President of Ukraine, and his son, Oleksandr Yanukovych

Tesco Stores
SOPO
The principle, laid down by EU law, of equal pay for male and female workers can be relied upon directly, in respect both of ‘equal work’ and of ‘work of equal value’, in proceedings between individuals

Commission v Germany (Valeurs limites - NO2)
Environment and consumers
Between 2010 and 2016, Germany systematically and persistently exceeded the limit values for nitrogen dioxide (NO2)

Hungary v Parliament
Law governing the institutions
The Court dismisses Hungary’s action against the Parliament resolution triggering the procedure for determining the existence of a clear risk of a serious breach, by a Member State, of the values on which the European Union is founded

TEAM POWER EUROPE
Freedom of movement for persons
In order for it to be considered that it ‘normally carries out its activities’ in a Member State, a temporary-work agency must carry out a significant part of its activities of assigning temporary agency workers for the benefit of user undertakings established and carrying out their activities in the territory of the same Member State.

Puigdemont i Casamajó and Others v Parliament
Le vice-président du Tribunal de l’Union européenne suspend provisoirement la levée de l’immunité parlementaire de MM. Carles Puigdemont i Casamajó et Antoni Comín i Oliveres ainsi que de Mme Clara Ponsatí i Obiols

OHB System v Commission
Public procurement
The President of the General Court dismisses the application to suspend the operation of the decisions of the European Space Agency, acting in the name and on behalf of the European Commission, providing for the exclusion of the German company OHB System from the public contract for the ‘Procurement of Galileo transition satellites’

Czech Republic v Poland
Poland must immediately cease lignite extraction activities in the Turów mine

Prokuratura Rejonowa w Mińsku Mazowieckim
Area of Freedom, Security and Justice
Advocate General Bobek: EU law precludes the Polish practice of secondment of judges to higher courts that may be terminated at any moment at the discretion of the Minister of Justice, who is simultaneously the General Prosecutor

L.R.
Area of Freedom, Security and Justice
An application for international protection may not be rejected as inadmissible on the ground that a previous application for asylum made by the same person was rejected by Norway

CNP
Area of Freedom, Security and Justice
Cross border litigation between a business to which a road traffic accident victim’s claim against an insurance undertaking was transferred and that undertaking: The Court of Justice clarifies the rules regarding jurisdiction

Ryanair v Commission (Espagne; Covid-19)
State aid
The solvency support fund for strategic Spanish undertakings experiencing temporary difficulties due to the impact of the Covid-19 pandemic is compatible with EU law

Ryanair v Commission (TAP; Covid-19)
State aid
The Commission’s decision declaring aid granted by Portugal to the airline TAP to be compatible with the internal market is annulled because of an inadequate statement of reasons

Ryanair v Commission (KLM; Covid-19)
State aid
The General Court annuls the Commission’s decision to approve the Netherlands financial aid for the airline KLM amid the COVID-19 pandemic on the grounds of inadequate reasoning

Asociaţia "Forumul Judecătorilor Din România"
New accessions
The Court of Justice rules on a series of Romanian reforms in the areas of judicial organisation, the disciplinary regime applicable to judges, and the financial liability of the State and the personal liability of judges as a result of judicial error

Luxembourg v Commission
State aid
No selective advantage in favour of a Luxembourg subsidiary of the Amazon group: the General Court annuls the Commission’s decision declaring the aid incompatible with the internal market

Moerenhout and Others v Commission
Law governing the institutions
The General Court, finding an inadequate statement of reasons, annuls a Commission decision refusing to register a proposed citizens' initiative

Luxembourg v Commission
Tax rulings granted by Luxembourg to companies in the Engie group: the General Court finds the existence of a tax advantage

Bank Melli Iran
Free movement of capital
Advocate General Hogan: Iranian undertakings may invoke EU law blocking US secondary sanctions before the courts of the Member States