European Court of Justice (News)

Naturschutzbund Deutschland - Landesverband Schleswig-Holstein
Environment and consumers
Legal persons governed by public law may be liable for environmental damage caused by activities carried out in the public interest pursuant to a statutory assignment of tasks, such as the operation of a pumping station for the purpose of draining agricultural land

BRF and SHB Comercio e Industria de Alimentos v Commission
SANT
The General Court dismisses the action brought by two Brazilian meat producers seeking the annulment of the regulation prohibiting, for public health reasons, the export to the European Union of certain products of animal origin from establishments belonging to those producers

Infineon Technologies v Commission
Competition
The General Court orders that the fine imposed on Infineon for its participation in a cartel in the smart card chip market be reduced by almost €6 million, from €82,784,000 to €76,871,600

VQ v ECB
Economic policy
The General Court delivers its first four judgments concerning decisions of the European Central Bank imposing pecuniary penalties as part of its prudential supervision of credit institutions

État du Grand-duché de Luxembourg (Droit de recours contre une demande d’information en matière fiscale)
DFON
According to Advocate General Kokott, the addressee, the taxpayer concerned and other concerned third parties must be able to obtain judicial review of an order to provide information made in the context of the cross-border exchange of information between tax authorities

Commission v Hungary (Accueil des demandeurs de protection internationale)
Area of Freedom, Security and Justice
According to Advocate General Pikamäe, Hungary has failed to fulfil obligations arising from EU law in relation to a substantial part of its national legislation on asylum procedures and the return of illegally staying third-country nationals

Ministerio Fiscal (Autorité susceptible de recevoir une demande de protection internationale)
Area of Freedom, Security and Justice
Judicial authorities adjudicating on the detention of a third-country national without a legal right of residence can receive an application for international protection and must inform the person concerned of the specific procedures for lodging such an application

France v Parliament
Law governing the institutions
The European Parliament was entitled to adopt the EU budget for 2018 in Brussels, at second reading

A and Others () and à Nevele)
Environment and consumers
An order and a circular that set out the general conditions for the grant of development consent for the installation and operation of wind turbines must themselves be the subject of a prior environmental assessment

Varhoven kasatsionen sad na Republika Bulgaria
Freedom of movement for persons
Workers are entitled, for the period between an unlawful dismissal and reinstatement as an employee, to annual paid leave or, at the end of the employment relationship, to a payment in lieu of such leave not taken

Ryanair Designated Activity Company
Area of Freedom, Security and Justice
A family member of an EU citizen who is not a national of a Member State but who holds a permanent residence card shall be exempt from the visa requirement for entry into the territory of the Member States.

Commission v Hungary (Transparence associative)
Free movement of capital
The restrictions imposed by Hungary on the financing of civil organisations by persons established outside that Member State do not comply with EU law

TÜV Rheinland LGA Products and Allianz IARD
DISC
The general prohibition of discrimination on grounds of nationality cannot be the basis for challenging a clause, contained in a contract concluded between a manufacturer of medical devices and an insurance company, that places a territorial limit on civil liability insurance coverage

Alianța pentru combaterea abuzurilor
Environment and consumers
The strict protection of animal species provided for in the Habitats Directive also extends to specimens that leave their natural habitat and stray into human settlements

Prezident Slovenskej republiky
Freedom of establishment
The fact that in the Slovak Republic, the power to appoint and to dismiss the president of the national regulatory authority passed from the President of the Republic to the government does not in itself constitute an infringement of the electricity market directive

ratiopharm
Approximation of laws
Pharmaceutical companies may not distribute to pharmacists free samples of medicinal products available only on prescription

Transportes Aéreos Portugueses
Transport
The unruly behaviour of an air passenger may constitute an ‘extraordinary circumstance’ capable of exempting the carrier from its obligation to pay compensation for the cancellation or long delay of the flight concerned or of a subsequent flight operated by that carrier using the same aircraft

Commission v Dôvera zdravotná poistʼovňa
State aid
The Court of Justice upholds the decision of the Commission according to which health insurance bodies operating under Slovak State supervision do not fall within the rules of EU law on State aid

Lundbeck v Commission
Competition
Advocate General Kokott proposes that the Court of Justice should uphold the fine of almost €94 million imposed on the Lundbeck pharmaceutical group in the context of agreements intended to delay the marketing of generic versions of its antidepressant medicinal product citalopram

CK Telecoms UK Investments v Commission
Competition
The General Court annuls the Commission’s decision to block the proposed acquisition of Telefónica UK by Hutchison 3G UK in the sector of the mobile telephony market