European Court of Justice (News)

Hungary v Parliament and Council
Freedom of movement for persons
The Court dismisses the actions brought by Hungary and Poland seeking the annulment of the directive strengthening the rights of posted workers

Staatsanwaltschaft Wien (Ordres de virement falsifiés)
Area of Freedom, Security and Justice
Unlike a European arrest warrant, a European investigation order may be adopted by the public prosecutor’s office of a Member State exposed to the risk of being subject to individual instructions from the executive

Austrian Airlines
Transport
According to Advocate General Pikamäe, the mere diversion of a flight to an alternative airport which is near the airport for which the booking was made does not give rise to a right to lump-sum compensation

Commission v Belgium and Magnetrol International
State aid
Tax rulings: According to Advocate General Kokott, the Commission was right to consider that the Belgian practice of making downward adjustments to profits of undertakings forming part of multinational groups constituted an aid scheme

Commission v Spain (Détérioration de l’espace naturel de Doñana)

According to Advocate General Kokott, the excessive abstraction of groundwater in the Andalusian Doñana natural area infringes EU law

Hungary v Parliament
Law governing the institutions
According to Advocate General Bobek, the Court should dismiss Hungary’s action against the Parliament’s resolution on the triggering of a procedure for determining the existence of a clear risk of a serious breach by this Member State of the EU’s fundamental values

Star Taxi App
Approximation of laws
A service that puts taxi passengers directly in touch with taxi drivers by means of an electronic application constitutes an information society service where it does not form an integral part of an overall service the principal component of which is the provision of transport

Région de Bruxelles-Capitale v Commission
Agriculture and fisheries
The Brussels Capital Region’s action for annulment of the Commission’s Implementing Regulation renewing the approval of the active substance ‘glyphosate’ is inadmissible

Federatie Nederlandse Vakbeweging
Freedom of establishment
The directive concerning the posting of workers in the framework of the provision of services is applicable to the transnational provision of services in the road transport sector

Openbaar Ministerie (Faux en écritures)
Area of Freedom, Security and Justice
Public prosecutors in the Netherlands do not constitute an ‘executing judicial authority’ in connection with the execution of a European arrest warrant, given that they may be subject to instructions in specific cases from the Netherlands Minister for Justice

Wikingerhof
Area of Freedom, Security and Justice
A hotel using the platform Booking.com may, in principle, bring proceedings against Booking.com before a court of the Member State in which that hotel is established in order to bring to an end a possible abuse of a dominant position

Minister van Buitenlandse Zaken
Area of Freedom, Security and Justice
A Member State which adopts a decision refusing a ‘Schengen’ visa because of an objection raised by another Member State must indicate, in that decision, the identity of the Member State concerned and the specific ground for refusal based on that objection, accompanied, where appropriate, by the reasons for that objection

Bundesamt für Migration und Flüchtlinge () and asile)
Area of Freedom, Security and Justice
In the context of the civil war in Syria, there is a strong presumption that refusal to perform military service there is connected to a reason which may give rise to entitlement to recognition as a refugee

B S and C A (Commercialisation du cannabidiol - CBD)
Agriculture and fisheries
A Member State may not prohibit the marketing of cannabidiol (CBD) lawfully produced in another Member State when it is extracted from the Cannabis sativa plant in its entirety and not solely from its fibre and seeds

Association One Voice and Ligue pour la protection des oiseaux
Environment and consumers
In the opinion of Advocate General Juliane Kokott, the hunting of thrushes and blackbirds using limes, which is authorised in southern France, may be compatible with the EU Birds Directive if it is of significant cultural importance and if all other conditions placed on a derogation from the general prohibition are fulfilled

Bundesrepublik Deutschland (Notice rouge d’Interpol)
Principles of Community law
Advocate General Bobek: The prohibition of double jeopardy applicable to the Schengen area may also bar extradition to a third State

Lietuvos geležinkeliai v Commission
Competition
The General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position on the Lithuanian rail freight market

Syndicat CFTC
SOPO
A national collective agreement may reserve to mothers alone an additional maternity leave

Openbaar Ministerie (Indépendance de l’autorité judiciaire d’émission)
Area of Freedom, Security and Justice
AG Campos Sánchez-Bordona: the worsening of the generalised deficiencies affecting judicial independence in Poland do not justify the automatic non-execution of every European Arrest Warrant issued by that Member State

Orange Romania
Approximation of laws
A contract for the provision of telecommunications services containing a clause stating that the customer has consented to the collection and storage of his or her identity document cannot demonstrate that that customer has validly given his or her consent where the box referring to that clause has been ticked by the data controller before the contract was signed