European Court of Justice (News)

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

UBS Europe and Others
MARI
National financial supervisory authorities may have an obligation to disclose information covered by professional secrecy in order to safeguard the rights of the defence or in order that the information may be used in civil or commercial proceedings

Harms
Transport
In the event of cancellation of a flight, the airline company must also reimburse commissions collected by intermediaries when tickets are bought, as long as it was aware of them

IR
SOPO
Dismissal of a Catholic doctor from a managerial position by a Catholic hospital due to his remarriage after a divorce may constitute unlawful discrimination on grounds of religion

Alpenrind and Others
Freedom of movement for persons
A posted worker is covered by the social security system of his place of work if he replaces another posted worker, even if those workers were not posted by the same employer

Juliana
SERV
A vehicle which is not formally withdrawn from use and which is capable of being used must be covered by motor vehicle insurance against civil liability even if its owner, who no longer intends to drive it, has chosen to park it on private land

R O
Area of Freedom, Security and Justice
Advocate General Szpunar: the UK’s decision to leave the EU should not affect the execution of a European arrest warrant issued by it

Renckhoff
Freedom of establishment
The posting on a website of a photograph that was freely accessible on another website with the consent of the author requires a new authorisation by that author

Commission v Spain
Environment and consumers
On account of its delay in implementing the Urban Waste Water Treatment Directive, Spain is ordered to pay a lump sum of €12 million and a penalty payment of almost €11 million per six-month period of delay