European Court of Justice (News)

Administration de l'Enregistrement, des Domaines and de la TVA
Taxation
The activity of protecting adults lacking legal capacity carried out by a lawyer constitutes, as a rule, an economic activity

Eutelsat
Approximation of laws
Internet connection service on board aircraft: a mobile satellite system which is principally based, in terms of capacity of transmitted data, on complementary ground components which are installed so as to cover the entire territory of the European Union is not necessarily incompatible with the European legislative framework

Ryanair v Commission (Finnair I; Covid-19)
State aid
Finland’s guarantee in favour of the airline Finnair to help it obtain a loan of EUR 600 million from a pension fund to cover its working capital requirements following the Covid-19 pandemic is compatible with EU law

Ryanair v Commission (SAS, Danemark; Covid-19)
State aid
Aid measures introduced by Sweden and Denmark for SAS for damage resulting from the cancellation or rescheduling of flights in the wake of travel restrictions caused by the Covid-19 pandemic comply with EU law

Sun Pharmaceutical Industries and Ranbaxy (UK) v Commission
Competition
The Court of Justice dismisses the appeals of a number of manufacturers of medicines involved in a cartel seeking to delay the marketing of the generic antidepressant citalopram

Carvalho and Others v Parliament and Council
Environment and consumers
The Court of Justice confirms that the action brought by families from the European Union, Kenya and Fiji against the EU ‘climate package’ of 2018 is inadmissible

Sun Pharmaceutical Industries and Ranbaxy (UK) v Commission
Competition
The Court of Justice dismisses the appeals of a number of manufacturers of medicines involved in a cartel seeking to delay the marketing of the generic antidepressant citalopram

Deutsche Telekom v Commission
Competition
The Court of Justice dismisses the appeals lodged by Slovak Telekom and Deutsche Telekom against the judgments of the General Court relating to anticompetitive practices on the Slovak telecommunications market

Lego v EUIPO - Delta Sport Handelskontor (Élément de construction d'une boîte de jeu de construction)
Intellectual and industrial property
EUIPO erroneously declared invalid a design of a brick of a LEGO toy building set

NAMA and Others
Approximation of laws
EU law precludes a national practice by which a candidate excluded from a public procurement procedure may rely, in that candidate’s appeal against the decision to admit the bid of another tenderer, only on the infringement of the principle of equality in the assessment of bids

Prefettura Ufficio territoriale del governo di Firenze
SOPO
Lorry, motor coach and bus drivers who, during an inspection, do not produce the record sheets for the tachograph relating to the current day and the previous 28 days are subject to a single penalty, irrespective of the number of missing record sheets

MCP
Area of Freedom, Security and Justice
The jurisdiction of the court of a Member State that is seised of an action relating to parental responsibility cannot be based on Article 10 of the Brussels II bis Regulation in a case of abduction of a child to a third State

Airhelp
Transport
A strike organised by a trade union of the staff of an air carrier that is intended in particular to secure pay increases does not fall within the concept of an ‘extraordinary circumstance’ capable of releasing the airline from its obligation to pay compensation for cancellation or long delay in respect of the flights concerned

Germany v Poland
Energy
According to Advocate General Campos Sánchez-Bordona, the principle of energy solidarity can be used to review the lawfulness of acts of the EU institutions in energy-related matters

An tAire Talmhaíochta Bia agus Mara, Éire agus an tArd-Aighne
Approximation of laws
A Member State court is required to exercise the power conferred on it by national law to make a declaration that that Member State has failed correctly to transpose a directive and is required to take remedial steps in that regard

Academia de Studii Economice din Bucureşti
Freedom of movement for persons
Where a worker has concluded more than one employment contract with the same employer, the minimum daily rest period applies to the contracts taken as a whole and not to each of the contracts taken separately

Association One Voice and Ligue pour la protection des oiseaux
Environment and consumers
A Member State may not authorise a method of capture of birds leading to by-catch where that by-catch is likely to cause harm other than negligible harm to the species concerned

Airhelp
Transport
According to Advocate General Pikamäe, a strike organised by pilots’ trade unions constitutes, in principle, an extraordinary circumstance that may release the air carrier from its obligation to pay compensation for the cancellation or long delay of the flights concerned

Commission v Poland
State aid
The Polish tax on the retail sector and the Hungarian tax on advertisements do not infringe EU law on State aid

Istanbul Convention

Advocate General Hogan proposes that the Court hold that although the EU has signed the Istanbul Convention, the Council is entitled to wait, without however being forced to do so, for the common agreement of all Member States to be bound by that convention before deciding whether and to what extent the EU will accede to it.