European Court of Justice (News)

BAJI Trans
The principle of lex posterior mitius extends to a penalty classified as administrative under national law where it is of a criminal nature for the purposes of EU law

Volkswagen
Approximation of laws
A vehicle manufacturer cannot be exempted from its liability for an unlawful defeat device on the grounds that an EC type-approval has been granted

France v CWS Powder Coatings and Others
Approximation of laws
The Court of Justice upholds the annulment of the classification of titanium dioxide in certain powder forms as a carcinogenic substance

Banca Mediolanum
Taxation
Taxation: national legislation providing for tax being levied on more than 5% of the amount of the dividends that financial intermediaries receive, as parent companies, from their subsidiaries resident in other Member States is contrary to EU law

Veracash
Free movement of capital
Payment services: the payment card user is deprived of the right to obtain a refund of an unauthorised payment transaction of which he or she has become aware if he or she delayed in notifying it to his or her provider with intent or gross negligence

Daka
Independence of judges: the double appointment of judges to the Polish Supreme Court is compatible with EU law

Adrar
Area of Freedom, Security and Justice
Advocate General Spielmann: the court reviewing the lawfulness of the detention of an illegally staying third-country national must verify that the principle of non-refoulement does not preclude his or her removal