European Court of Justice (News)

Cali Apartments
Freedom of establishment
In the opinion of Advocate General Bobek the Services Directive is applicable to the short-term letting of furnished accommodation in the peer-to-peer economy

Landkreis Südliche Weinstraße
Freedom of movement for persons
A measure allowing a Land to make the bearing of school transport costs subject to a requirement of residence in that Land constitutes indirect discrimination against cross-border workers and their families

Stim and SAMI
Freedom of establishment
The hiring out of motor vehicles equipped with radio receivers does not constitute a communication to the public subject to payment of royalties

Caisse pour l'avenir des enfants (Enfant du conjoint d’un travailleur frontalier)
Freedom of movement for persons
A Member State is not entitled to refuse to pay a family allowance in respect of the child of the spouse of a frontier worker where there is no parent-child relationship with that worker

Coty Germany
Intellectual and industrial property
The mere storage by Amazon, in the context of its online marketplace (‘Amazon-Marketplace’), of goods which infringe trade mark rights does not constitute an infringement by Amazon of those trade mark rights

Commission v Poland (Mécanisme temporaire de relocalisation de demandeurs de protection internationale)
Area of Freedom, Security and Justice
By refusing to comply with the temporary mechanism for the relocation of applicants for international protection, Poland, Hungary and the Czech Republic have failed to fulfil their obligations under European Union law.

Ruska Federacija
DISC
When a Member State is required to rule on an extradition request by a third State concerning a national of a State of the European Free Trade Association (EFTA), which is a party to the Agreement on the European Economic Area (EEA), it must verify that that national will not be subject to the death penalty, torture, or other inhuman or degrading treatment or punishment

Primera Air Scandinavia
Area of Freedom, Security and Justice
A passenger who reserved his or her flight through a travel agency may bring an action for compensation for a long flight delay against the air carrier before the courts of the place of departure of the flight

Kreissparkasse Saarlouis
Environment and consumers
Consumer credit agreements must specify clearly and concisely how the withdrawal period is to be calculated

Miasto Łowicz
Law governing the institutions
The Court declares that the requests for a preliminary ruling concerning Polish measures from 2017 establishing a disciplinary procedure regime for judges are inadmissible.

Entry into office of a new Advocate General at the Court of Justice

Sánchez Ruiz
SOPO
The Member States may not exclude from the concept of ‘successive fixed-term employment relationships’ the situation of a worker who occupies continuously, by virtue of several appointments, an interim post in the absence of a competition procedure, his or her employment relationship having been thereby implicitly extended from year to year

"AGRO IN 2001"
Area of Freedom, Security and Justice
EU law does not preclude Member States from providing for civil proceedings for confiscation which are unrelated to a finding of a criminal offence

Covid-19: the Court of Justice of the European Union takes steps to ensure continuity in the handling of cases and to help to fight the spread of the epidemic

Finnair
Transport
An air passenger who is compensated for the cancellation of a flight and who has agreed to travel on an alternative flight is entitled to compensation for a delay in the re-routing flight.

Valencia Club de Fútbol v Commission
State aid
The General Court annuls the Commission’s decision on aid measures implemented in favour of the Spanish football clubs Valencia CF et Elche CF

Commission v Italy (Aides illégales au secteur hôtelier en Sardaigne)
State aid
Italy is ordered to pay pecuniary penalties for failing to recover aid unlawfully granted to the hotel industry in Sardinia

Lintner
Environment and consumers
A court before which a consumer claims that certain contractual terms are unfair is required to review, of its own motion, other terms of the contract insofar as they are connected to the subject matter of the dispute before it

Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO
Intellectual and industrial property
The Court of Justice sets aside the judgment of the General Court according to which the collective mark HALLOUMI, reserved for Cypriot cheesemakers, does not preclude the sign ‘BBQLOUMI’ from being registered as a European Union trade mark for cheese of a Bulgarian producer

Commission v Hungary (Enseignement supérieur)
Freedom of establishment
In the opinion of Advocate General Kokott, Hungary must treat foreign and national higher education institutions equally