European Court of Justice (News)

Fondazione Cassa di Risparmio di Pesaro and Others v Commission
Law governing the institutions
The resolution of Banca delle Marche by the Italian authorities was in essence determined by that bank’s failure

The Department for Communities in Northern Ireland
DISC
Advocate General Richard de la Tour: The grant without conditions as to resources of a right of residence by a Member State to Union citizens cannot have the effect of systematically excluding them from social assistance granted to nationals of that State without constituting discrimination based on nationality

Regione Puglia
Freedom of establishment
Advocate General Hogan: a Member State is not obliged to limit the extent of the areas in which one specific operator is entitled to carry out prospection, exploration and production of hydrocarbons, such as petroleum and natural gas

Commission v Spain (Détérioration de l’espace naturel de Doñana)
Environment and consumers
L’Espagne aurait dû prendre en compte le captage d’eau illégal et le captage d’eau destiné à l’approvisionnement urbain lors de l’estimation du captage des eaux souterraines de la région de Doñana

Venezuela v Council
External relations
Venezuela has standing to bring proceedings against a regulation which introduces restrictive measures against it

Staatssecretaris van Justitie en Veiligheid
Citizenship of the Union
A Union citizen who has been the subject of an expulsion decision cannot enjoy a new right of residence in the territory of the host Member State until he or she has genuinely and effectively terminated his or her residence there.

Ordre des barreaux francophones and germanophone and Others
Citizenship of the Union
Measures to enforce a decision to expel a Union citizen and family members on grounds of public policy or public security constitute restrictions on the right to movement and residence, which may be justified if they are based exclusively on the personal conduct of the individual concerned and comply with the principle of proportionality

Tesco Stores
SOPO
The principle, laid down by EU law, of equal pay for male and female workers can be relied upon directly, in respect both of ‘equal work’ and of ‘work of equal value’, in proceedings between individuals

Commission v Germany (Valeurs limites - NO2)
Environment and consumers
Between 2010 and 2016, Germany systematically and persistently exceeded the limit values for nitrogen dioxide (NO2)

Hungary v Parliament
Law governing the institutions
The Court dismisses Hungary’s action against the Parliament resolution triggering the procedure for determining the existence of a clear risk of a serious breach, by a Member State, of the values on which the European Union is founded

TEAM POWER EUROPE
Freedom of movement for persons
In order for it to be considered that it ‘normally carries out its activities’ in a Member State, a temporary-work agency must carry out a significant part of its activities of assigning temporary agency workers for the benefit of user undertakings established and carrying out their activities in the territory of the same Member State.

Puigdemont i Casamajó and Others v Parliament
Le vice-président du Tribunal de l’Union européenne suspend provisoirement la levée de l’immunité parlementaire de MM. Carles Puigdemont i Casamajó et Antoni Comín i Oliveres ainsi que de Mme Clara Ponsatí i Obiols

OHB System v Commission
Public procurement
The President of the General Court dismisses the application to suspend the operation of the decisions of the European Space Agency, acting in the name and on behalf of the European Commission, providing for the exclusion of the German company OHB System from the public contract for the ‘Procurement of Galileo transition satellites’

Czech Republic v Poland
Poland must immediately cease lignite extraction activities in the Turów mine

Prokuratura Rejonowa w Mińsku Mazowieckim
Area of Freedom, Security and Justice
Advocate General Bobek: EU law precludes the Polish practice of secondment of judges to higher courts that may be terminated at any moment at the discretion of the Minister of Justice, who is simultaneously the General Prosecutor

L.R.
Area of Freedom, Security and Justice
An application for international protection may not be rejected as inadmissible on the ground that a previous application for asylum made by the same person was rejected by Norway

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