European Court of Justice (News)

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

Landesbank Baden-Württemberg v SRB
Economic policy
The General Court annuls the decision of the Single Resolution Board on the calculation of the 2017 ex-ante contributions to the Single Resolution Fund and declares that Delegated Regulation 2015/63 is unlawful in part

Asociaţia "Forumul Judecătorilor Din România"
New accessions
According to Advocate General Bobek, the interim appointment of the Chief Judicial Inspector and the national provisions on the establishment of a specific prosecution section with exclusive jurisdiction for offences committed by members of the judiciary are contrary to EU law

Vas Megyei Kormányhivatal
SERV
The principle of the freedom to provide services and the directive on cross-border healthcare preclude national legislation which excludes the reimbursement without prior authorisation of the costs connected to emergency surgery undergone by an insured person, who is a resident of a Member State, in another Member State

Cali Apartments
Freedom of establishment
National legislation making the repeated short-term letting of accommodation to a transient clientele which does not take up residence there subject to authorisation is consistent with EU law

Austria v Commission
State aid
The Court of Justice confirms the Commission decision approving United Kingdom aid for Hinkley Point C nuclear power station

Recorded Artists Actors Performers
Freedom of establishment
EU law precludes a Member State from excluding performers who are nationals of States outside the EEA from the right to a single equitable remuneration for the playing of recorded music

Compagnie des pêches de Saint-Malo
State aid
Seized with an interpretation request concerning the arrangements for implementing a Commission decision penalising France for State Aid declared incompatible with the common market, the Court of Justice rules that the decision is invalid

Rosneft e.a v Council
External relations
The Court of Justice upholds the judgment of the General Court dismissing an action brought against the restrictive measures imposed on Russian oil companies that are members of the Rosneft group in the context of the Ukraine crisis

EUIPO v Messi Cuccittini
Intellectual and industrial property
The Court of Justice dismisses the appeals brought by EUIPO and a Spanish company against the judgment of the General Court authorising football player Lionel Messi to register the trade mark ‘MESSI’ for sports equipment and clothing

Telenor Magyarország
Freedom of establishment
The Court interprets, for the first time, the EU regulation enshrining ‘internet neutrality’