European Court of Justice (News)

Weiss and Others
Economic policy
Advocate General Wathelet proposes that the Court of Justice should rule that the decision of the ECB establishing a programme for the purchase of government bonds on secondary markets is valid

Commission v France
Freedom of establishment
The Conseil d’État should have referred a question to the Court for a preliminary ruling concerning the interpretation of EU law, in order to determine whether it was necessary to refuse to take into account the tax incurred by a non-resident subsidiary on the profits underlying dividends redistributed by a non-resident company

Kamenova
Environment and consumers
A person who publishes a number of sales advertisements on a website is not automatically a ‘trader’

Società Immobiliare Al Bosco Srl
Area of Freedom, Security and Justice
The Brussels I Regulation does not preclude legislation of a Member State which provides for the application of a time limit for the enforcement of a preventive attachment order from being applied in the case of such an order which has been adopted in another Member State and is enforceable in the Member State in which enforcement is sought

Feniks
Area of Freedom, Security and Justice
A creditor’s action seeking to render a fraudulent disposal of property by its debtor ineffective as regards that creditor is a ‘matter related to a contract’ within the meaning of the regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

L.E.G.O.
Environment and consumers
The requirement to submit sustainability certificates imposed by Italy on intermediaries which do not take physical possession of the bioliquids which are the subject of the transaction in which those intermediaries are involved complies with EU law

Dicu
SOPO
A provision of national law which, for the purpose of determining the duration of paid annual leave to which a worker is entitled, does not include a period of parental leave taken by that worker complies with EU law

France v Parliament
Law governing the institutions
The European Parliament may exercise some of its budgetary powers in Brussels, instead of Strasbourg, if that is required for the proper functioning of the budgetary procedure

Ministerio Fiscal
DFON
Criminal offences that are not particularly serious may justify access to personal data retained by providers of electronic communications services provided that that access does not constitute a serious infringement of privacy

Rittinger and Others
State aid
Advocate General Campos Sánchez-Bordona proposes that the Court of Justice declare that the amendment to the criterion used for charging the fee which finances public service broadcasters in Germany does not constitute unlawful State aid

Philips and Philips France v Commission
Competition
In the context of the cartel in the smart card chip market, the Court refers the case involving Infineon Technologies back to the General Court to assess the proportionality of the fine imposed, and dismisses the appeal lodged by Philips

Psara v Parliament
Law governing the institutions
The General Court confirms the Parliament’s refusal to grant access to documents relating to MEPs’ subsistence allowances, travel expenses and parliamentary assistance allowances

OTP Bank and OTP Faktoring
Environment and consumers
The unfairness of an unclear contractual term which places the exchange rate risk on the borrower and does not reflect statutory provisions may be subject to judicial review

Oeuvre d’assistance aux bêtes d’abattoirs
Agriculture and fisheries
Advocate General Wahl proposes that the Court find that products from animals that have been the subject of ritual slaughter without prior stunning can be issued the European ‘organic farming’ label

R O
Area of Freedom, Security and Justice
The notification, by the United Kingdom, of its intention to withdraw from the EU does not have the consequence that execution of a European arrest warrant issued by that Member State must be refused or postponed

González Castro
SOPO
Pregnant workers, workers who have recently given birth or are breastfeeding who work shifts, some of which are at night, must be regarded as performing night work and enjoy specific protection against the risks that night work is liable to pose

Commission v France and IFP Énergies nouvelles
State aid
The Court holds that the General Court of the European Union must reconsider whether the Commission was justified in classifying the implied and unlimited guarantee granted by the French Republic to the Institut français du pétrole as State aid

Ahmed
Area of Freedom, Security and Justice
A person cannot be excluded from eligibility for subsidiary protection if he is deemed to have ‘committed a serious crime’ on the basis of the sole criterion of the penalty provided for under the law of the Member State concerned

NK Rosneft and Others v Council
External relations
The General Court of the EU upholds restrictive measures adopted by the Council against a number of Russian banks and oil and gas companies in connection with the crisis in Ukraine

Wind Tre
Freedom of establishment
The sale of SIM cards on which services that can incur fees have been pre-loaded and pre-activated constitutes an aggressive unfair commercial practice when the consumers are not informed of that fact in advance