European Court of Justice (News)

Dyrektor Izby Administracji Skarbowej w Lublinie
Taxation
VAT fraud: Employee using her employer’s details to issue fake invoices is liable for the amount of the taxes entered on them

Reti Televisive Italiane
Freedom of establishment
Hourly limit for television publicity spots: promotional announcements for radio programmes broadcast on television channels belonging to the same corporate group are not, in principle, announcements about those television channels’ own programmes

Direktor na Glavna direktsia "Natsionalna politsia" pri MVR - Sofia
Area of Freedom, Security and Justice
Right to erasure: the general and indiscriminate storage of biometric and genetic data of persons convicted of criminal offences, until their death, is contrary to EU law

Landeshauptmann von Wien
Area of Freedom, Security and Justice
A recognised unaccompanied minor refugee has the right to family reunification with his or her parents even if he or she reached the age of majority during the family reunification procedure

Bundesrepublik Deutschland
Area of Freedom, Security and Justice
Advocate General Medina: Member States are not bound to recognise refugee status granted in another Member State

Audi
Intellectual and industrial property
European Union trade mark: a car manufacturer can prohibit the use of a sign identical or similar to the trade mark it owns for spare parts

Laudamotion
Transport
Passengers who did not present themselves for boarding for a flight which arrived with a long delay or who purchased a ticket for an alternative flight and arrived at the destination with a delay of less than three hours are not entitled to fixed compensation

Delta-Sport Handelskontor v EUIPO - Lego
Intellectual and industrial property
Intellectual property: the General Court of the European Union upholds the validity of the protection of the Lego toy brick

Noah Clothing v EUIPO - Noah (NOAH)
Intellectual and industrial property
The General Court confirms that the figurative sign NOAH may remain registered as an EU trade mark for ‘polo shirts’ and ‘sweaters’

Commission v Intel Corporation
Competition
Advocate General Medina: the Court should confirm that the Commission erred in applying the AEC test with respect to HP and Lenovo

Caixabank and Others
Approximation of laws
Advocate General Medina: the transparency of ‘floor clauses’ in mortgage loan contracts can be reviewed in the context of a collective action

RTL Nederland and RTL Nieuws
Disaster involving flight MH17: the confidentiality of certain information concerning aviation safety is justified and proportionate

Comune di Copertino
Freedom of movement for persons
A worker who was not able to take all of his or her days of paid annual leave before resigning is entitled to an allowance in lieu of that leave

Kaili v Parliament and EPPO
Law governing the institutions
Lifting of parliamentary immunity: Eva Kaili’s action against the request of the European Chief Prosecutor and the decision of the President of the European Parliament is dismissed

Österreichische Datenschutzbehörde
Principles of Community law
A parliamentary committee of inquiry must in principle comply with the General Data Protection Regulation

Intervyuirasht organ na DAB pri MS
Area of Freedom, Security and Justice
Violence against women: the Court clarifies the conditions for qualifying for international protection

Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite
Area of Freedom, Security and Justice
Advocate General Emiliou: Palestinian applicants for refugee status can claim that UNRWA’s protection has ‘ceased’ in the light of the general living conditions prevailing in the Gaza Strip

Airbnb Ireland
Advocate General Szpunar: a Member State cannot impose general and abstract obligations on an online service provider operating on its territory but established in another Member State
Advocate General Szpunar: a Member State cannot impose general and abstract obligations on an online service provider operating on its territory but established in another Member State

Google and Alphabet v Commission (Google Shopping)
Competition
Advocate General Kokott proposes that the Court of Justice confirm the fine of €2.4 billion imposed on Google for favouring its own comparison shopping service

Commission v Czech Republic
Citizenship of the Union
Advocate General Richard de la Tour: by refusing to grant the right to become members of a political party to Union citizens who are not nationals of Poland or of the Czech Republic but who reside there, those Member States infringed EU electoral law