European Court of Justice (News)

YouTube
Freedom of establishment
According to Advocate General Saugmandsgaard Øe, as EU law currently stands, online platform operators, such as YouTube and Uploaded, are not directly liable for the illegal uploading of protected works by the users of those platforms

Belgian State (Regroupement familial - Enfant mineur)
Area of Freedom, Security and Justice
The date to be taken into account, in order to determine whether a family member of a sponsor is a ‘minor child’ is the date of submission of the application for entry and residence

Presidenza del Consiglio dei Ministri
Area of Freedom, Security and Justice
Member States must grant compensation to all victims of violent intentional crime, including to those victims residing in their own territory

AFMB and Others
Social security for migrant workers
The employer of drivers of heavy goods vehicles employed in international longdistance transport is the transport undertaking that has actual authority over those drivers, that bears, in reality, the cost of their wages and that has actual power to dismiss them

Commission v Romania (Lutte contre le blanchiment de capitaux)
Own resources of the Communities
Romania and Ireland are ordered to pay the Commission a lump sum of €3,000,000 and €2,000,000 respectively

Facebook Ireland and Schrems
Approximation of laws
The Court of Justice invalidates Decision 2016/1250 on the adequacy of the protection provided by the EU-US Data Protection Shield

Ireland v Commission
State aid
The General Court of the European Union annuls the decision taken by the Commission regarding the Irish tax rulings in favour of Apple

Constantin Film Verleih
Approximation of laws
When a film is unlawfully uploaded onto an online platform, such as YouTube, the rightholder may, under the directive on the enforcement of intellectual property rights, require the operator to provide only the postal address of the user concerned, but not his or her email, IP address or telephone number

Raiffeisen Bank
Approximation of laws
National legislation may provide for a time limit for an action for reimbursement based on an unfair term in a contract concluded between a seller or supplier and a consumer

Verein für Konsumenteninformation
Area of Freedom, Security and Justice
A motor vehicle manufacturer whose unlawfully manipulated vehicles are resold in other Member States may be sued in the courts of those States

Land Hessen
Principles of Community law
The Petitions Committee of the Parliament of a Federated State of a Member State is subject to the General Data Protection Regulation

Banca Transilvania
Approximation of laws
A contractual term which has not been negotiated but which reflects a rule that, under national law, applies between parties provided that no other arrangements have been established in that respect, falls outside the scope of EU law on unfair terms in consumer contracts

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