European Court of Justice (News)

The Court of Justice of the European Union adds its voice to the tributes paid to the victims of the attack of 14 July in Nice

Promoimpresa
Freedom of establishment
EU law precludes concessions for the exercise of tourist and leisure-orientated business activities on State-owned maritime and lakeside property from being extended automatically without any selection procedure for potential candidates

Germany v Commission
State aid
The General Court sets aside the Commission decision ordering Germany to recover from Deutsche Post part of the subsidies paid in respect of former civil servant postal workers’ pensions

Gutiérrez Naranjo
Approximation of laws
According to Advocate General Mengozzi, the temporal limit on the effects of the invalidity of ‘floor’ clauses included in mortgage loan agreements in Spain is compatible with EU law

Bougnaoui and ADDH
Principles of Community law
Advocate General Sharpston considers that a company policy requiring an employee to remove her Islamic headscarf when in contact with clients constitutes unlawful direct discrimination

Genentech
Competition
The beneficiary of a patent licence must pay the agreed royalty even if it does not infringe the patented technology

Tommy Hilfiger Licensing and Others
Approximation of laws
The operator of a physical marketplace may be forced to put an end to trademark infringements committed by market-traders

Solemn undertaking before the Court of Justice of the European Union by new Members of the European Court of Auditors

Future Enterprises v EUIPO - McDonald's International Property (MACCOFFEE)
Intellectual and industrial property
According to the General Court, the repute of McDonald’s trade marks makes it possible to prevent the registration, for foods or beverages, of trade marks combining the prefix ‘Mac’ or ‘Mc’ with the name of a foodstuff or beverage

Kossowski
DFON
Fresh proceedings may be brought against a suspect in a Schengen State where previous criminal proceedings in another Schengen State were terminated without a detailed investigation

Portugal Telecom v Commission
Competition
The General Court confirms the unlawfulness of the clause relating to non-competition between Portugal Telecom and Telefónica in connection with Telefónica’s acquisition of the Brazilian mobile operator Vivo

Commission v Portugal
Law governing the institutions
For having delayed in implementing the Urban Waste Water Directive, Portugal is ordered to pay a lump sum payment of € 3 000 000 and a penalty payment of € 8 000 per day of delay

New Valmar
Freedom of movement for persons
The obligation to draw up cross-border invoices exclusively in a particular language, failing which they are null and void, infringes EU law

Universal Music International Holding
Area of Freedom, Security and Justice
The occurrence of purely financial damage in a Member State does not justify in itself the jurisdiction of the courts of that State

Universal Music International Holding
Area of Freedom, Security and Justice
The occurrence of purely financial damage in a Member State does not justify in itself the jurisdiction of the courts of that State

Vereniging Openbare Bibliotheken
Freedom of establishment
In the view of Advocate General Szpunar, the lending of electronic books is comparable to the lending of traditional books

Vereniging Openbare Bibliotheken
Freedom of establishment
In the view of Advocate General Szpunar, the lending of electronic books is comparable to the lending of traditional books

Commission v United Kingdom
Social security for migrant workers
The UK can require recipients of child benefit and child tax credit to have a right to reside in the UK

Commission v United Kingdom
Social security for migrant workers
The UK can require recipients of child benefit and child tax credit to have a right to reside in the UK

Depesme and Kerrou
Freedom of movement for persons
Advocate General Wathelet considers that a child in a reconstituted family may be regarded as the child of the stepparent for the purposes of a cross-frontier social advantage