European Court of Justice (News)

Neves 77 Solutions
External relations
Advocate General Ćapeta: The Court does not have jurisdiction to interpret general provisions of an EU Common Foreign and Security Policy measure merely in order to clarify their meaning

KS and KD v Conseil e. a.
External relations
Advocate General Ćapeta: Individuals may bring an action for damages against the EU before the EU Courts based on alleged breaches of fundamental rights by EU Common Foreign and Security Policy measures

Weingut A
Agriculture and fisheries
Winemaking and wine labelling: A wine-grower may indicate its own wine-growing holding even if pressing takes place on the premises of another wine-grower

Provident Polska
Environment and consumers
Consumer protection: a requirement that a consumer pay excessive non-interest credit costs can constitute an unfair term

Ryanair v Commission
State aid
State aid during the Covid-19 pandemic: the Court definitively dismisses the appeals brought by Ryanair concerning the support measures put in place by France and Sweden in the spring of 2020

Del Valle Ruíz and Others v SRB
Economic policy
Resolution of Banco Popular: affected shareholders and creditors were not entitled to compensation from the Single Resolution Fund

Ligue des droits humains
Processing of personal data: decisions taken by a supervisory authority in the context of the indirect exercise of the rights of the data subject are legally binding

NC
A change in the holder of a Spanish notarial practice may constitute a transfer of an undertaking

Bundesamt für Fremdenwesen und Asyl and Others
Area of Freedom, Security and Justice
According to Advocate General Jean Richard de la Tour, the discriminatory measures adopted against Afghan women by the Taliban regime amount, on account of their cumulative effect, to persecution

Commission v Ireland and Others
State aid
According to Advocate General Pitruzzella, the judgment of the General Court on ‘tax rulings’ adopted by Ireland in relation to Apple should be set aside

Commission v Sweden
Approximation of laws
Failure of a Member State to fulfil obligations: Sweden is ordered to pay € 8 500 000 for late transposition of the amended Firearms Directive

Všeobecná úverová banka
Unfair term in a consumer credit contract secured by the family home: the court must assess the proportionality between the seller or supplier’s power to demand the whole of the loan and the seriousness of the consumer’s non-compliance

Gesamtverband Autoteile-Handel
Approximation of laws
Car manufacturers must make vehicle identification numbers available to independent operators

Google Ireland and Others
Freedom of establishment
Combating illegal content on the Internet: a Member State may not subject a communication platform provider established in another Member State to general and abstract obligations

Mazepin v Council
External relations
War in Ukraine: the General Court confirms that the funds of Mr Dmitry Arkadievich Mazepin must remain frozen

Sattvica v EUIPO - Maradona and Others (DIEGO MARADONA)
Intellectual and industrial property
Legal battle over the DIEGO MARADONA trade mark: the General Court of the European Union confirms the EUIPO’s refusal to register the transfer of that trade mark in favour of the Argentine company Sattvica

Visit to the Court of Justice of the European Union by the President of the Republic of Slovenia, Ms Nataša Pirc Musar

Staatsanwaltschaft Berlin (EncroChat)
Area of Freedom, Security and Justice
Advocate General Ćapeta: A public prosecutor may issue a European Investigation Order (EIO) for the transfer of evidence already gathered in another Member State

LATAM Airlines Group
Transport
Pre-emptively denied boarding: passengers have the right to compensation even if they did not present themselves for boarding and even if they have been informed at least two weeks before the scheduled time of departure of the flight that they will be denied boarding

FT
Principles of Community law
Protection of personal data: a patient has the right to obtain a first copy of his or her medical records free of charge