European Court of Justice (News)

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

CB
Taxation
In the determination of the taxable amount of a transaction concealed by taxable persons for VAT purposes, the amounts paid and received as reconstituted by the tax authority must be regarded as already including that tax

Fondazione Cassa di Risparmio di Pesaro and Others v Commission
Law governing the institutions
The resolution of Banca delle Marche by the Italian authorities was in essence determined by that bank’s failure

The Department for Communities in Northern Ireland
DISC
Advocate General Richard de la Tour: The grant without conditions as to resources of a right of residence by a Member State to Union citizens cannot have the effect of systematically excluding them from social assistance granted to nationals of that State without constituting discrimination based on nationality

Regione Puglia
Freedom of establishment
Advocate General Hogan: a Member State is not obliged to limit the extent of the areas in which one specific operator is entitled to carry out prospection, exploration and production of hydrocarbons, such as petroleum and natural gas

Commission v Spain (Détérioration de l’espace naturel de Doñana)
Environment and consumers
L’Espagne aurait dû prendre en compte le captage d’eau illégal et le captage d’eau destiné à l’approvisionnement urbain lors de l’estimation du captage des eaux souterraines de la région de Doñana

Venezuela v Council
External relations
Venezuela has standing to bring proceedings against a regulation which introduces restrictive measures against it

Staatssecretaris van Justitie en Veiligheid
Citizenship of the Union
A Union citizen who has been the subject of an expulsion decision cannot enjoy a new right of residence in the territory of the host Member State until he or she has genuinely and effectively terminated his or her residence there.

Ordre des barreaux francophones and germanophone and Others
Citizenship of the Union
Measures to enforce a decision to expel a Union citizen and family members on grounds of public policy or public security constitute restrictions on the right to movement and residence, which may be justified if they are based exclusively on the personal conduct of the individual concerned and comply with the principle of proportionality

Latvijas Republikas Saeima (Points de pénalité)
Approximation of laws
EU data protection law precludes Latvian legislation which obliges the road safety authority to make the data relating to the penalty points imposed on drivers for road traffic offences accessible to the public

YouTube and Cyando
Approximation of laws
As currently stands, operators of online platforms do not, in principle, themselves make a communication to the public of copyright-protected content illegally posted online by users of those platforms

Ministerstwo Sprawiedliwości
Freedom of establishment
Advocate General Bobek: the Services Directive applies to disciplinary proceedings initiated against lawyers, the result of which may affect the ongoing ability of those lawyers to provide legal services