European Court of Justice (News)

Privacy International
Principles of Community law
Advocate General Campos Sánchez-Bordona: the means and methods of combating terrorism must be compatible with the requirements of the rule of law

Rina
Area of Freedom, Security and Justice
Advocate General Szpunar proposes that the Court should rule that the victims of the sinking of a ship flying the Panamanian flag can bring an action for damages before the Italian courts against the Italian bodies which classified and certified that ship.

Commission v Hungary (Transparence associative)
Free movement of capital
Advocate General Campos Sánchez-Bordona: the restrictions imposed by Hungary on the financing of civil organisations from abroad are not compatible with EU law

The President and Members of the European Commission give a solemn undertaking before the Court of Justice of the European Union

Puigdemont i Casamajó and Comín i Oliveres v Parliament
Law governing the institutions
Ce texte n'est disponible qu'en espagnol

Facebook Ireland and Schrems
Approximation of laws
According to Advocate General Saugmandsgaard Øe, Commission Decision 2010/87/EU on standard contractual clauses for the transfer of personal data to processors established in third countries is valid

Airbnb Ireland
Freedom of establishment
France cannot require Airbnb to hold an estate agent’s professional licence as it did not notify the Commission of that requirement in accordance with the Directive on electronic commerce

Nederlands Uitgeversverbond and Groep Algemene Uitgevers
Freedom of establishment
The sale of second-hand e-books through a website constitutes a communication to the public that is subject to authorisation by the author

Deutsche Umwelthilfe
COAD
The coercive detention of persons at the head of the Land of Bavaria for the purpose of enjoining them to adopt measures to improve ambient air quality in Munich (such as a traffic ban in respect of certain diesel vehicles) can be ordered only if a national legal basis which is sufficiently accessible, precise and foreseeable in its application exists to that end and if the detention is proportionate

Niki Luftfahrt
Transport
An airline is liable for the harm caused by a spilt cup of hot coffee

Junqueras Vies
Privileges and immunities
A person elected to the European Parliament acquires the status of Member of that institution at the time of the official declaration of the results and enjoys, from that time, the immunities attached to that status

Puppinck and Others v Commission
Law governing the institutions
The Court holds that the General Court did not err in upholding the decision of the Commission not to submit a proposal for legislation in response to the European citizens’ initiative ‘One of us’

Vivendi
Approximation of laws
Advocate General Campos Sánchez-Bordona proposes that the Court of Justice declare that the Italian legislation preventing Vivendi from acquiring 28% of the share capital of Mediaset is contrary to EU law

Conte v EUIPO (CANNABIS STORE AMSTERDAM)
Intellectual and industrial property
A sign referring to marijuana may not, as the law currently stands, be registered as an EU trade mark

Parquet général du Grand-Duché de Luxembourg () and Tours)
Area of Freedom, Security and Justice
The Court finds that the French, Swedish and Belgian public prosecutor’s offices satisfy the requirements for issuing a European arrest warrant, and clarifies the scope of the judicial protection afforded to persons referred to in such warrants

Instituto Nacional de la Seguridad Social (Complément de pension pour les mères)
SOPO
The Pension complement granted by Spain to mothers who are recipients of an invalidity pension where they have two or more children must also be awarded to fathers in a comparable situation

Otis and Others
Competition
Persons not operating as suppliers or as customers on the market affected by a cartel may request compensation for loss caused by that cartel

Slovenia v Croatia
Principles of Community law
Advocate General Pikamäe: the Court of Justice does not have jurisdiction to rule on an international boundary dispute that falls outside the scope of EU law

Centraal Justitieel Incassobureau () and exécution des sanctions pécuniaires)
Area of Freedom, Security and Justice
The competent authority of the State of execution may not refuse to recognise and enforce a fine in respect of a road traffic offence imposed on the person in whose name the vehicle is registered, provided that such a presumption of liability may be rebutted.

EVN Bulgaria Toplofikatsia
Energy
European Union law does not preclude a national law that provides that each owner of a property in a building in co-ownership is required to contribute to the cost of heating supplied to the common parts of that building