European Court of Justice (News)

CNP
Area of Freedom, Security and Justice
Cross border litigation between a business to which a road traffic accident victim’s claim against an insurance undertaking was transferred and that undertaking: The Court of Justice clarifies the rules regarding jurisdiction

Luxembourg v Commission
State aid
No selective advantage in favour of a Luxembourg subsidiary of the Amazon group: the General Court annuls the Commission’s decision declaring the aid incompatible with the internal market

Moerenhout and Others v Commission
Law governing the institutions
The General Court, finding an inadequate statement of reasons, annuls a Commission decision refusing to register a proposed citizens' initiative

Luxembourg v Commission
Tax rulings granted by Luxembourg to companies in the Engie group: the General Court finds the existence of a tax advantage

Bank Melli Iran
Free movement of capital
Advocate General Hogan: Iranian undertakings may invoke EU law blocking US secondary sanctions before the courts of the Member States

Commission v Greece
State aid
Greece has failed to fulfil its obligations by failing to recover unlawful aid paid to Greek farmers as compensation for adverse weather conditions

Bundesrepublik Deutschland (Notice rouge d’Interpol)
Principles of Community law
The principle prohibiting the duplication of proceedings can preclude the arrest, within the Schengen Area and the European Union, of a person who is the subject of an Interpol notice

Commission v Poland (Régime disciplinaire des juges)
Principles of Community law
Advocate General Tanchev: the Court should rule that the Polish legislation concerning the disciplinary regime for judges is contrary to EU law

Banco de Portugal and Others
DFON
The unconditional recognition of a reorganisation measure regarding a credit institution, having retroactive effect, is contrary to EU law if it means that the client can no longer pursue legal proceedings on the merits against the ‘bridge bank’ to which the liabilities in question were previously transferred

Comité Interprofessionnel du Vin de Champagne
Agriculture and fisheries
Advocate General Pitruzzella: PDO products are protected against all forms of commercial parasitism

X (Mandat d’arrêt européen - Ne bis in idem)
Area of Freedom, Security and Justice
The Court of Justice clarifies the scope of the principle ne bis in idem applicable when executing a European arrest warrant in respect of acts which were previously the subject of a sentence in a third State

Austrian Airlines
Transport
The mere diversion of a flight to a close-by airport does not grant a right to flat-rate compensation

Chanel v EUIPO - Huawei Technologies (Représentation d'un cercle contenant deux courbes entrelacées)
Intellectual and industrial property
The General Court dismisses the action brought by Chanel against the registration of a Huawei mark on the ground that the figurative marks at issue are not similar

Repubblika
DFON
National provisions of a Member State which confer on the Prime Minister a decisive power in the appointment of members of the judiciary, while providing for the involvement of an independent body responsible for assessing candidates and providing an opinion, are not contrary to EU law

Consorzio Italian Management e Catania Multiservizi and Catania Multiservizi
DFON
Advocate General Bobek: the Court should revisit its case-law (the CILFIT criteria) on the duty of national courts of last instance to request a preliminary ruling

FBF
Law governing the institutions
Advocate General Bobek: The Court should declare the European Banking Authority Guidelines on Product Oversight and Governance Arrangements for Retail Banking Products invalid

Sumal
Competition
According to Advocate General Pitruzzella, a national court can order a subsidiary company to pay compensation for the harm caused by the anticompetitive conduct of its parent company in a case where the Commission has imposed a fine solely on that parent company

Stolichna obshtina, rayon "Pancharevo"
Citizenship of the Union
With regard to the recognition in the European Union of the parentage of a child of a married same-sex couple, Advocate General Kokott recommends that a balance be struck between the national identity of the Member States and the right to freedom of movement of the child and of his or her parents

IS (Illégalité de l’ordonnance de renvoi)
Area of Freedom, Security and Justice
According to Advocate General Pikamäe, on the basis of the primacy of EU law, a national judge must disapply any national legislation or judicial practice which undermines its power to refer questions to the Court of Justice

Netherlands v Council and Parliament
Agriculture and fisheries
The Court of Justice dismisses the action brought by the Netherlands against the ban on fishing by vessels using electric pulse trawls