European Court of Justice (News)

Consorzio Tutela Aceto Balsamico di Modena
Agriculture and fisheries
The protection of the name ‘Aceto Balsamico di Modena’ does not extend to the use of the non-geographical terms of that name such as ‘aceto’ and ‘balsamico’

Czech Republic v Parliament and Council
Industrial Policy
The Court of Justice dismisses the action of the Czech Republic against the directive reinforcing control of the acquisition and possession of firearms

Parquet général du Grand-Duché de Luxembourg
Area of Freedom, Security and Justice
Advocate General Campos Sánchez-Bordona: the judicial authority which issues a European arrest warrant must be fully independent and must not be subject to hierarchical constraints or to orders or instructions

Procureur-generaal (Mandat d'arrêt européen)
Area of Freedom, Security and Justice
AG Bobek: when assessing the maximum threshold period imposed by the Framework Decision on the European arrest warrant in order to surrender a requested person without verification of the criterion of double criminality, the relevant law of the issuing Member State is the one actually applicable to the case

AFMB and Others
Social security for migrant workers
According to Advocate General Pikamäe, the employer of lorry drivers employed in the international road transport sector is the transport undertaking which recruited those drivers for an indefinite period, exercises effective control over the drivers and actually bears the wage costs

A.K. (Indépendance de la chambre disciplinaire de la Cour suprême)
Law governing the institutions
The referring court must ascertain whether the new Disciplinary Chamber of the Polish Supreme Court is independent in order to determine whether that chamber has jurisdiction to rule on cases where judges of the Supreme Court have been retired, or in order to determine whether such cases must be examined by another court which meets the requirement that courts must be independent

Solemn undertaking before the Court of Justice of the European Union by two new Members of the European Court of Auditors

Deutsche Umwelthilfe
COAD
According to Advocate General Saugmandsgaard Øe, imprisonment cannot be used against the public officials responsible, including the Minister-President, in order to compel them to introduce traffic bans on diesel vehicles in Munich

Commission v Ireland (Parc éolien de Derrybrien)
Environment and consumers
Ireland is ordered to pay pecuniary penalties for failing to comply with an earlier judgment of the Court which required, in particular, that an environmental assessment be carried out in respect of a wind farm

Haqbin
Area of Freedom, Security and Justice
An applicant for international protection guilty of serious breaches of the rules of the accommodation centre in which he or she is hosted or of seriously violent behaviour cannot be sanctioned by a withdrawal of material reception conditions relating to housing, food or clothing

Organisation juive européenne and Vignoble Psagot
Approximation of laws
Foodstuffs originating in the territories occupied by the State of Israel must bear the indication of their territory of origin, accompanied, where those foodstuffs come from an Israeli settlement within that territory, by the indication of that provenance

Junqueras Vies
Privileges and immunities
According to Advocate General Szpunar, MEPs’ Parliamentary mandate is acquired solely from the electorate and this cannot be conditional on the completion of any subsequent formality

Kanyeba
Transport
When a passenger boards a train without a ticket, he concludes a contract with the carrier

Flausch and Others
Environment and consumers
When the public is not put in a position to actually participate in the environmental impact assessment for a project, a time limit for bringing proceedings against the decision granting consent for the project cannot be relied on against the public

ADDE v Parliament
Law governing the institutions
The European Parliament’s decision on the financing of the ADDE party in 2015 is annulled for lack of impartiality

The Court of Justice of the European Union makes procedural and doctrinal documents freely accessible on its website

Commission v Poland (Indépendance des juridictions de droit commun)
Principles of Community law
Polish rules relating to the retirement age of judges and public prosecutors, adopted in July 2017, are contrary to EU law

Commission v Poland (Mécanisme temporaire de relocalisation de demandeurs de protection internationale)
Area of Freedom, Security and Justice
Advocate General Sharpston: the Court should rule that, by refusing to comply with the provisional and time-limited mechanism for the mandatory relocation of applicants for international protection, Poland, Hungary and the Czech Republic have failed to fulfil their obligations under EU law

Rubik's Brand v EUIPO - Simba Toys (Forme d’un cube avec des faces ayant une structure en grille)
Intellectual and industrial property
The General Court confirms the cancellation of the EU trade mark consisting of the shape of the ‘Rubik’s Cube’

Commission v France (Dépassement des valeurs limites pour le dioxyde d’azote)
Environment and consumers
France has systematically and persistently exceeded the annual limit value for nitrogen dioxide since 1 January 2010