European Court of Justice (News)

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

AIRBNB Ireland
Freedom of establishment
According to Advocate General Szupunar a service such as that provided by the AIRBNB portal constitutes an information society service

Czech Republic v Parliament and Council
Industrial Policy
Advocate General Sharpston: the Court should dismiss the Czech Republic’s action against EU legislation introducing more stringent rules for the acquisition and possession of firearms

Czech Republic v Parliament and Council
Industrial Policy
Advocate General Sharpston: the Court should dismiss the Czech Republic’s action against EU legislation introducing more stringent rules for the acquisition and possession of firearms

Syndicat des cadres de la sécurité intérieure
Freedom of movement for persons
National legislation may lay down, for the purpose of calculating the average weekly working time, reference periods which start and end on fixed calendar dates

Czech Republic v Parliament and Council
Industrial Policy
Advocate General Sharpston: the Court should dismiss the Czech Republic’s action against EU legislation introducing more stringent rules for the acquisition and possession of firearms

Commission v Poland (Indépendance de la Cour suprême)
Principles of Community law
Advocate General Tanchev: the Court should rule that the provisions of Polish legislation relating to the lowering of the retirement age for Supreme Court judges are contrary to EU law

All European Final of the European Moot Court Competition takes place at the Court of Justice of the European Union in Luxembourg on 5 April

Germanwings
Transport
An air carrier is required to compensate passengers for a delay of three hours or more where an aircraft tyre is damaged by a screw lying on the runway only if it deployed all means at its disposal for limiting the delay of the flight