European Court of Justice (News)

Germany v Commission
State aid
The Court of Justice annuls the Commission decision stating that the German law on renewable energy of 2012 (the EEG 2012) involved State aid

Commission v Spain (Article 260, paragraphe 3, TFUE - Crédits immobiliers résidentiels)
Environment and consumers
Advocate General Tanchev: The Court of Justice should find that Spain failed to adopt the necessary laws to comply with the directive on credit agreements for consumers relating to residential immovable property

slewo
Environment and consumers
Consumers’ right of withdrawal from online purchases applies to mattresses from which the protective film has been removed after delivery

SM (Enfant placé sous kafala algérienne)
Citizenship of the Union
A minor in the guardianship of a citizen of the EU under the Algerian kafala system cannot be regarded as a ‘direct descendant’ of that citizen

Spain v Parliament
Staff Regulations of Officials
Differences of treatment based on language are, in principle, not allowed in the procedures for selecting staff for the EU institutions.

Judicial statistics 2018: the Court of Justice and the General Court establish record productivity with 1,769 cases completed

Falck Rettungsdienste and Falck
Freedom of establishment
Public procurement rules do not apply to services for the transport of patients provided, in emergency situations, by non-profit organisations or associations

Commission v Italy
Environment and consumers
Italy has failed to fulfil its obligations under the directive on the landfill of waste as regards 44 landfill sites

Entry into office of new Members at the Court of Justice and at the General Court of the European Union

Italy v Commission
State aid
The General Court annuls the Commission’s decision that support measures adopted by a consortium governed by private law for the benefit of one of its members constituted ‘aid granted by a State’

Arib and Others
Area of Freedom, Security and Justice
An internal border of a Member State at which border control has been reintroduced cannot be equated with an external border within the meaning of the ‘Returns Directive’

Jawo
Area of Freedom, Security and Justice
An asylum seeker may be transferred to the Member State that is normally responsible for processing his application or that has previously granted him subsidiary protection unless the expected living conditions in that Member State of those granted international protection would expose him to a situation of extreme material poverty, contrary to the prohibition of inhuman or degrading treatment

Dunai
Environment and consumers
The Hungarian legislation excluding the retroactive cancellation of a loan contract denominated in a foreign currency which includes an unfair term relating to the exchange-rate risk is contrary to EU law

Dreyer
Social security for migrant workers
Welfare contributions aimed at funding social security benefits in France cannot be charged on income from the assets of French residents insured under the Swiss social security scheme

A & G Fahrschul-Akademie
Taxation
Motor vehicle driving tuition for categories B and C1 is not school or university education exempt from VAT

Y.Z. and Others
Area of Freedom, Security and Justice
Where they have been granted on the basis of falsified documents, residence permits obtained for the purpose of family reunification and long-term resident status may be withdrawn, even if the holders of such permits or status were unaware of the fraud committed

Commission v Czech Republic
Environment and consumers
The Court dismisses the Commission’s action against the Czech Republic concerning its refusal to ensure the take-back of 20 000 tonnes of a mixture called TPS-NOLO (Geobal) shipped to Poland from the Czech Republic

Blaise and Others
Agriculture and fisheries
Advocate General Sharpston: there is no factor affecting the validity of the Regulation concerning the placing of plant protection products on the market

Tjebbes and Others
Citizenship of the Union
EU law does not preclude the loss of the nationality of a Member State and, consequently, the loss of citizenship of the EU, where the genuine link between the person concerned and that Member State is durably interrupted

Izsák and Dabis v Commission
Law governing the institutions
The Commission erred in law by refusing to register the European citizens’ initiative aimed at improving the situation of national minority regions