European Court of Justice (News)

Tweedale v EFSA
Law governing the institutions
EFSA’s decisions refusing access to the toxicity and carcinogenicity studies on the active substance glyphosate are annulled

Amazon EU
Environment and consumers
Advocate General Pitruzzella proposes that the Court rule that an e-commerce platform such as Amazon cannot be obliged to make a telephone number available to consumers

Craeynest and Others
Environment and consumers
Advocate General Kokott proposes that the Court of Justice should rule that national courts must, on application by affected individuals, examine whether air sampling points were sited in accordance with the criteria set out in EU law

Baltic Media Alliance
SERV
Advocate General Saugmandsgaard Øe: the Audiovisual Media Services Directive does not preclude the adoption by a Member State of a measure imposing an obligation to broadcast or retransmit a foreign television channel only in packages available for an additional fee, in order to restrict the dissemination by that channel to the public of that State of information inciting hatred

Línea Directa Aseguradora
Approximation of laws
Advocate General Bot proposes that the Court should declare that spontaneous burning of a vehicle parked in a private garage for more than 24 hours falls within the concept of ‘use of vehicles’

Associação Peço a Palavra and Others
Freedom of establishment
The conditions set by the Portuguese Government for the reprivatisation of TAP are compatible with EU law with the exception of the requirement to maintain and develop the existing national hub

SM
Citizenship of the Union
Advocate General Campos Sánchez-Bordona proposes that the Court of Justice declare that a child in the legal guardianship of an EU citizen under the Algerian Kafala system cannot be classed as a ‘direct descendant’ of that citizen

Brenta and Others
Agriculture and fisheries
Advocate General Campos Sánchez-Bordona proposes that the Court of Justice declare that a child in the legal guardianship of an EU citizen under the Algerian Kafala system cannot be classed as a ‘direct descendant’ of that citizen

Rimšēvičs v Latvia
Law governing the institutions
The Court annuls the decision suspending the Governor of the Central Bank of Latvia from office

Athletic Club v Commission
State aid
The General Court annuls the Commission’s decision classifying the tax regime of four Spanish professional football clubs as State aid

Oeuvre d’assistance aux bêtes d’abattoirs
Agriculture and fisheries
The Organic production logo of the European Union cannot be placed on meat derived from animals that have been slaughtered in accordance with religious rites without first being stunned

Belgium v Commission
State aid
The General Court annuls the Commission’s decision concerning tax exemptions granted by Belgium by means of rulings

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