European Court of Justice (News)

Servier v Commission
Competition
The General Court annuls in part the European Commission’s decision finding the existence of restrictive agreements and an abuse of a dominant position on the market for perindopril, a medicine used to treat hypertension and heart failure

Saleh Thabet v Council
External relations
The General Court upholds the Council’s decision to freeze the assets of members of the Mubarak family, on the basis of judicial proceedings relating to misappropriation of Egyptian State funds

Novartis Farma
Approximation of laws
The reimbursement by a national healthcare insurance system of a medicinal product for a use not covered by its marketing authorisation (off-label use) is not contrary to EU law

Associação Peço a Palavra and Others
Freedom of establishment
Advocate General Campos Sánchez-Bordona proposes that the Court of Justice declare that the requirements of the Portuguese Government in relation to the reprivatisation of TAP constitute a justified restriction on the freedom of establishment, with the exception of the obligation to maintain and develop the national hub

Commission v Council (AMP Antarctique)
Law governing the institutions
Decisions adopted in the context of the international treaties relating to the preservation and conservation of living resources in Antarctica must be adopted jointly by the EU and the Member States who are parties to those treaties

Tempus Energy and Tempus Energy Technology v Commission
State aid
The General Court annuls the Commission’s decision not to raise objections to the aid scheme establishing a capacity market in the UK

Kuhn
Area of Freedom, Security and Justice
The ‘Brussels Ia’ Regulation is not applicable in determining which Member State’s courts have jurisdiction to rule on claims brought against the Greek State by an individual holding Greek sovereign bonds following their forced exchange in 2012

Verbraucherzentrale Baden-Württemberg
Transport
Air carriers who do not express air fares for intra-Community flights in euros are required to indicate those fares in a local currency objectively linked to the service offered

Deutsche Telekom v Commission
State aid
The General Court upholds the decisions of the European Commission classifying the Spanish tax scheme for the amortisation of ‘financial’ goodwill as State aid incompatible with the internal market

Memoria and Dall'Antonia
Freedom of establishment
The Italian legislation prohibiting private companies from performing an activity of safekeeping of cinerary urns is contrary to EU law

Milivojević
Area of Freedom, Security and Justice
Advocate General Tanchev proposes that the Court should rule that a national law that allows loan contracts concluded with foreign lenders who were not authorised to provide credit services in that country to be retroactively annulled is contrary to EU law when the same law does not apply to Croatian lenders

Crédit agricole and Crédit agricole Corporate and Investment Bank v Commission
Competition
The President of the General Court rejects the application of Crédit agricole and JPMorgan Chase to prevent publication of the Commission decision regarding the EURIBOR cartel

Devin v EUIPO - Haskovo (DEVIN)
Intellectual and industrial property
DEVIN, the name of a Bulgarian town, can be registered as an EU trade mark for mineral water

Funke Medien NRW
Freedom of establishment
According to Advocate General Szpunar, a simple military report cannot enjoy copyright protection

Sciotto
SOPO
Workers in the sector of activity of operatic and orchestral foundations cannot be excluded from protection against the abuse of fixed-term employment contracts

Commission v Poland
Poland must immediately suspend the application of the provisions of national legislation relating to the lowering of the retirement age for Supreme Court judges

Bastei Lübbe
Freedom of establishment
The owner of an internet connection used for copyright infringements through file-sharing cannot be exonerated from liability simply by naming a family member who might have had access to that connection

‘e-Curia’ becomes the only means of exchange of legal documents between parties’ representatives and the General Court with effect from 1 December 2018

Arib and Others
Area of Freedom, Security and Justice
Advocate General Szpunar proposes that the Court should rule that the ‘Returns Directive’ must be applied to third-country national where internal border controls have been reinstated

Appointment of the First Advocate General of the Court of Justice