European Court of Justice (News)

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

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