European Court of Justice (News)

Milivojević
Area of Freedom, Security and Justice
A national law cannot invalidate, by a retroactive, general and automatic rule, credit agreements concluded with foreign lenders which were not authorised to provide credit services in that Member State

Serendipity and Others v EUIPO - CKL Holdings (CHIARA FERRAGNI)
Intellectual and industrial property
The General Court annuls EUIPO’s decision refusing registration of the figurative mark ‘Chiara Ferragni’ as an EU trade mark

Bogatu
Social security for migrant workers
Under EU law it is not necessary that a person pursue an activity as an employed person in a Member State in order to be entitled to family benefits in respect of his children living in another Member State

Entry into office of a new Advocate General at the Court of Justice

Austria v Germany
Citizenship of the Union
Advocate General Wahl proposes that the Court of Justice should dismiss Austria’s action against the new German motorway charge

CCOO
SOPO
Advocate General Pitruzzella proposes that the Court find that undertakings are under an obligation to introduce a system for measuring the actual number of hours worked each day

Planta Tabak
Freedom of establishment
The prohibition in stages at EU level of cigarettes and roll-your-own tobacco containing flavourings is valid

According to Advocate General Bot, the mechanism for the settlement of disputes between investors and States provided for by the free trade agreement between the EU and Canada is compatible with EU law

M.A. and Others
Area of Freedom, Security and Justice
A Member State that has given notice of its intention to withdraw from the EU in accordance with Article 50 TEU remains the responsible State for the purposes of the Dublin III Regulation

Cresco Investigation
SOPO
The grant under Austrian law of a paid public holiday on Good Friday only to employees who are members of certain churches constitutes discrimination on grounds of religion prohibited under EU law

Commission v United Parcel Service
Competition
The Court of Justice confirms that the Commission’s decision prohibiting the acquisition of TNT Express by UPS must be annulled due to procedural irregularity

Google
PDON
Advocate General Szpunar proposes that the Court should limit the scope of the de-referencing that search engine operators are required to carry out to the EU

G.C. and Others
PDON
Advocate General Szpunar proposes that the Court should hold that the operator of a search engine must, as a matter of course, accede to a request for the de-referencing of sensitive data

Fashion ID
PDON
Advocate General Bobek: the operator of a website embedding a third party plugin such as the Facebook Like button, which causes the collection and transmission of the users’ personal data, is jointly responsible for that stage of the data processing

Rimšēvičs v Latvia
Law governing the institutions
Advocate General Kokott proposes that the Court should rule that, by suspending the Governor of the Bank of Latvia from office, the Republic of Latvia has failed to fulfil its obligations

Berlusconi and Fininvest
Freedom of establishment
The Court of Justice alone has jurisdiction to determine whether the legality of the ECB’s decision opposing the acquisition by Fininvest and Mr Berlusconi of a qualifying holding in Banca Mediolanum is affected by any defects vitiating the preparatory acts by the Banca d’Italia

Commission v Poland
Principles of Community law
Poland must immediately suspend the application of the provisions of national legislation relating to the lowering of the retirement age for Supreme Court judges

Hamas v Council
External relations
The General Court dismisses the action brought by Hamas against the decisions to maintain the freezing of its funds as an entity involved in acts of terrorism

Rittinger and Others
State aid
The German broadcasting contribution is compatible with EU law

Hein
DFON
During their minimum period of annual leave guaranteed by EU law, workers are entitled to their normal remuneration, in spite of prior periods of short-time working