European Court of Justice (News)

Death of Advocate General Yves Bot

Dalli v Commission
Law governing the institutions
The Court dismisses the action brought by the former European Commissioner John Dalli by which he applied for compensation for damage allegedly suffered as a result of the termination of his office

Glawischnig-Piesczek
Freedom of establishment
According to Advocate General Szpunar, Facebook can be ordered to seek and identify all comments identical to a defamatory comment that has been found to be illegal, and equivalent comments in so far as the latter originate from the same user

OG (Parquet de Lübeck)
Area of Freedom, Security and Justice
German public prosecutor’s offices do not provide a sufficient guarantee of independence from the executive for the purposes of issuing a European arrest warrant

WB
Area of Freedom, Security and Justice
Les notaires en Pologne, dressant un certificat d’hérédité à la demande conjointe de toutes les parties à la procédure notariale, ne sont pas des « juridictions » au sens du règlement sur les successions et, par conséquent, ledit certificat n’est pas une « décision » en matière de successions

Steinhoff and Others v ECB
Law governing the institutions
The General Court rejects the action for compensation brought against the ECB by private investors who suffered losses as a result of the restructuring of the Greek public debt in 2012

Commission v Hungary
Free movement of capital
In cancelling the rights of usufruct over agricultural land in its territory that are held, directly or indirectly, by nationals of other Member States, Hungary has failed to fulfil its obligations arising from the principle of the free movement of capital and the right to property guaranteed by the Charter

Poland v Commission
State aid
The General Court annuls the Commission’s decisions concerning the Polish tax on the retail sector

Moreira v EUIPO - Da Silva Santos Júnior (NEYMAR)
Intellectual and industrial property
The General Court of the EU confirms that registration of the mark ‘NEYMAR’ by a third party is invalid

M, C-77/17 X, C-78/17 X
Area of Freedom, Security and Justice
The provisions of the Refugee Directive relating to the revocation of and refusal to grant refugee status on grounds connected with the protection of the security or the community of the host Member State are valid

CCOO
SOPO
Member States must require employers to set up a system enabling the duration of daily working time to be measured

Inspecteur van de Belastingdienst
Social security for migrant workers
A seafarer who maintains his residence in his Member State of origin, whilst working for an employer established in a Member State on board a vessel flying the flag of a third State and travelling outside of the territory of the EU falls within the scope of the regulation on the coordination of social security systems

Praxair MRC
SOPO
The calculation of compensation payments for dismissal and redeployment of an employee who is on part-time parental leave must be carried out on the basis of the full-time salary

Villar Láiz
SOPO
The Spanish legislation on the calculation of retirement pensions for part-time workers is contrary to EU law if it is found to be particularly disadvantageous to female workers

Österreichischer Gewerkschaftsbund
DFON
The Austrian system of remuneration and advancement of State officials and contractual public servants remains contrary to the prohibition of discrimination on grounds of age

Monachos Eirinaios
Freedom of establishment
The Greek legislation prohibiting a monk who has the status of lawyer in another Member State from registering at the bar, on account of the incompatibility between the status of monk and the profession of lawyer, is contrary to EU law

Verein für Konsumenteninformation
Approximation of laws
Advocate General Szpunar: Deutsche Bahn cannot require customers wishing to purchase travel tickets online by direct debit to be resident in Germany

Fundación Consejo Regulador de la Denominación de Origen Protegida Queso Manchego
Agriculture and fisheries
The use of figurative signs evoking the geographical area with which a protected designation of origin (PDO) is associated may constitute an unlawful evocation of that designation

The Court of Justice adopts new rules on whether or not to allow appeals to proceed in cases which have already been considered twice

The mechanism for the resolution of disputes between investors and States provided for by the free trade agreement between the EU and Canada (CETA) is compatible with EU law