European Court of Justice (News)

Karl-May-Verlag v OHMI - Constantin Film Produktion (WINNETOU)
Intellectual and industrial property
The General Court upholds publisher Karl-May’s action against the EU Trademark Office’s decision to annul the Community trade mark WINNETOU

Mirza
Area of Freedom, Security and Justice
The Dublin III Regulation allows Member States to send an applicant for international protection to a safe third country, irrespective of whether it is the Member State responsible for processing the application or another Member State

Ruijssenaars and Jansen
Transport
National authorities carry out general monitoring activities in order to guarantee air passengers’ rights but are not required to act on individual complaints

Mc Fadden
SERV
Advocate General Szpunar: the operator of a shop, hotel or bar who offers a Wi-Fi network free of charge to the public is not liable for copyright infringements committed by users of that network

Dextro Energy v Commission
Environment and consumers
The General Court confirms that a number of health claims relating to glucose may not be authorised

The Body Shop International v OHMI - Spa Monopole (SPA WISDOM)
Intellectual and industrial property
The Body Shop cannot register ‘SPA WISDOM’ as a Community trade mark

HeidelbergCement v Commission
Competition
The Court of Justice annuls the Commission decisions relating to requests for information directed at cement manufacturers

Greece v Commission
State aid
The Court confirms the obligation on the Greek State to recover from Greek farmers unlawful State aid of €425 million paid as a result of adverse weather conditions

Spain v Commission
Agriculture and fisheries
The Court confirms that citrus fruit labelling indicating the preserving agents and other chemical substances used in post-harvest processing is compulsory

Council v Bank Mellat
External relations
The Court of Justice confirms the annulment of the fund-freezing measures in place against Bank Mellat since 2010

N.
Area of Freedom, Security and Justice
EU law allows an asylum seeker to be detained when the protection of national security or public order so requires

Rendón Marín
Citizenship of the Union
According to Advocate General Szpunar, a non-EU national having sole care and control of a minor child who is a citizen of the EU may not be expelled from a Member State or be refused a residence permit simply because he has a criminal record

C & J Clark International
External relations
The regulation imposing an anti-dumping duty on imports into the EU of certain leather footwear originating in China and Vietnam is partially invalid

Ince
SERV
EU law may preclude the imposition of penalties in respect of the unauthorised cross-border intermediation of sporting bets carried out in Germany

Affum
Area of Freedom, Security and Justice
According to Advocate General Szpunar, a foreign national who was not stopped when illegally crossing an external border of the Schengen Area cannot be imprisoned solely on the basis of his illegal entry into the territory of a Member State

Austria v Commission
State aid
The General Court confirms that the guarantee granted by Austria to BayernLB in the context of its restructuring concerning BayernLB’s credit lines in favour of Hypo Group Alpe Adria constitutes State aid which is nevertheless compatible with EU law

Azarov v Council
External relations
The General Court annuls the freezing of the assets of five Ukrainians, including Mykola Yanovych Azarov and Sergej Arbuzov, former Prime Ministers of Ukraine, for the period from 6 March 2014 to 5 March 2015

Laezza
Freedom of establishment
National rules on betting and gaming may be contrary to the principle of proportionality if they require the licensee to transfer free of charge the equipment used for the collection of bets

Éditions Odile Jacob v Commission
Competition
The Court dismisses Odile Jacob’s appeal in the case concerning Lagardère’s purchase of Vivendi Universal Publishing

Commission v Cyprus
Freedom of movement for persons
Cypriot legislation on pension entitlement which places migrant workers at a disadvantage in relation to those who do not leave Cyprus is contrary to EU law