European Court of Justice (News)

Wikingerhof
Area of Freedom, Security and Justice
A hotel using the platform Booking.com may, in principle, bring proceedings against Booking.com before a court of the Member State in which that hotel is established in order to bring to an end a possible abuse of a dominant position

Minister van Buitenlandse Zaken
Area of Freedom, Security and Justice
A Member State which adopts a decision refusing a ‘Schengen’ visa because of an objection raised by another Member State must indicate, in that decision, the identity of the Member State concerned and the specific ground for refusal based on that objection, accompanied, where appropriate, by the reasons for that objection

Veselības ministrija
Social security for migrant workers
The refusal by a patient’s Member State of affiliation to grant prior authorisation for the reimbursement of cross-border healthcare costs when effective hospital treatment is available in that Member State but the method of treatment used is against the insured person’s religious beliefs brings about a difference in treatment indirectly based on religion

Commission v Italy and Others
State aid
According to Advocate General Tanchev, the Court should dismiss the appeal of the Commission against the judgment of the General Court on support measures adopted by an Italian consortium of banks for the benefit of one of its members

Bundesrepublik Deutschland (Détermination des taux des péages pour l'utilisation d'autoroutes)
Taxation
Traffic police-related costs cannot be taken into account in the calculation of tolls for the use of the trans-European road network by heavy goods vehicles

Commission v Poland
According to Advocate General Kokott, the Polish tax on the retail sector and the Hungarian advertisement tax do not infringe EU State aid rules

Junqueras i Vies v Parliament
Law governing the institutions
Le pourvoi contre l’ordonnance du vice-président du Tribunal rejetant la demande de référé de M. Junqueras i Vies est aussi rejeté

Crown Van Gelder
Freedom of establishment
A customer may submit a complaint against the operator of the national grid following a power failure

Union des industries de la protection des plantes
Approximation of laws
France validly informed the Commission of the need to take measures intended, in particular, to protect bees

Entry into office of new Members at the Court of Justice of the European Union
Entrée en fonctions des nouveaux membres à la Cour de justice de l’Union européenne

État luxembourgeois (Droit de recours contre une demande d’information en matière fiscale)
DFON
The right to an effective remedy guaranteed by the Charter of Fundamental Rights of the European Union requires that persons who hold information that is requested by the national administration, in the context of a cooperation procedure between Member States, must be able to bring a direct action against such a request. Nevertheless, Member States may deny the taxpayer subject to the tax investigation and the third parties concerned by the information in question the right to bring such a direct action, provided that there are other remedies enabling them to obtain an incidental review of that request

Jobcenter Krefeld
Freedom of movement for persons
Un ancien travailleur migrant et ses enfants bénéficiant d’un droit de séjour au titre de la scolarisation des enfants ne peuvent pas être automatiquement exclus de prestations sociales de base prévues par le droit national au motif que ce travailleur est tombé au chômage

Commission v Hungary (Enseignement supérieur)
Freedom of establishment
The conditions introduced by Hungary to enable foreign higher education institutions to carry out their activities in its territory are incompatible with EU law

Bank Refah Kargaran v Council
Law governing the institutions
The Court of Justice upholds the judgment of the General Court dismissing Bank Refah Kargaran’s action for damages for the harm suffered as a result of the restrictive measures adopted concerning it

La Quadrature du Net and Others
Approximation of laws
The Court of Justice confirms that EU law precludes national legislation requiring a provider of electronic communications services to carry out the general and indiscriminate transmission or retention of traffic data and location data for the purpose of combating crime in general or of safeguarding national security

Casino, Guichard-Perrachon and AMC v Commission
Competition
The General Court annuls in part the Commission’s inspection decisions following suspicions of anticompetitive practices by a number of French undertakings in the distribution sector

Hessischer Rundfunk
Economic policy
According to Advocate General Pitruzzella, EU law provides that creditors have an obligation in principle to accept cash in euros for the payment of monetary debts

Inauguration of the European Public Prosecutor's Office

Generalbundesanwalt beim Bundesgerichtshof (Principe de spécialité)
Area of Freedom, Security and Justice
A measure involving deprivation of liberty taken against a person referred to in a first European Arrest Warrant (EAW) on the basis of a prior offence different from the one which justified his surrender under a second EAW is not contrary to EU law if that person’s departure from the Member State that issued the first EAW was voluntary

Spain v Commission
State aid
The Spanish tax system applicable to certain finance lease agreements entered into by shipyards constitutes an aid scheme