European Court of Justice (News)

Országos Idegenrendeszeti Főigazgatóság Dél-alföldi Regionális Igazgatóság
Area of Freedom, Security and Justice
The placing of asylum seekers or third-country nationals who are the subject of a return decision in the Röszke transit zone at the Serbian-Hungarian border must be classified as ‘detention’

Volotea v Commission
State aid
The General Court dismisses the actions against the Commission decision declaring illegal the aid from Italy to several airlines serving Sardinia

Press release following the judgment of the German Constitutional Court of 5 May 2020

Austria v Commission
State aid
Advocate General Hogan: the Court should reject Austria’s appeal in UK State Aid Case

Rina
Area of Freedom, Security and Justice
The victims of the sinking of a vessel, which sailed under the flag of Panama, may bring an action for damages before the Italian courts against the Italian organisations which classified and certified that vessel

Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO
Intellectual and industrial property
The Court of Justice sets aside the judgment of the General Court according to which the collective mark HALLOUMI, reserved for Cypriot cheesemakers, does not preclude the sign ‘BBQLOUMI’ from being registered as a European Union trade mark for cheese of a Bulgarian producer

Commission v Hungary (Enseignement supérieur)
Freedom of establishment
In the opinion of Advocate General Kokott, Hungary must treat foreign and national higher education institutions equally

Junqueras i Vies v Parliament
Law governing the institutions
The Vice-President of the General Court of the European Union dismisses the application of Mr Junqueras i Vies for interim measures

X (Mandat d'arrêt européen - Double incrimination)
Area of Freedom, Security and Justice
In order to ascertain whether the European arrest warrant against a person convicted in Spain for the offence of glorification of terrorism and humiliation of the victims of terrorism must be executed without examining whether that offence is punishable also in Belgium, the Belgian courts must take into account the length of the sentence imposed by the Spanish law applicable to the acts committed

Gómez del Moral Guasch
Approximation of laws
The Spanish courts must verify that the contractual term in mortgage loan agreements providing for the application of a variable interest rate based on the index of the Spanish savings banks is plain and intelligible

Google Ireland
DISC
The system of penalties relating to the Hungarian tax on advertising is not compatible with EU law

Vodafone Magyarország
State aid
The special taxes levied in Hungary on the turnover of telecommunications operators and of undertakings in the retail trade sector are compatible with EU law

Cases brought before the Court of Justice: new practice directions to parties

Commission v Greece (Pollution par les nitrates)
Environment and consumers
Greece is ordered to pay a lump sum of 3.5 million euros for having been slow in implementing EU law on the protection of waters against pollution caused by nitrates from agricultural sources

Constantin Film Produktion v EUIPO
Intellectual and industrial property
EUIPO must give a fresh decision on the application made by Constantin Film for registration of the sign Fack Ju Göhte as an EU trade mark

The Court of Justice takes formal notice of the United Kingdom’s withdrawal from the European Union

Slovenia v Croatia
Principles of Community law
The Court of Justice of the European Union lacks jurisdiction to rule on a border dispute between Slovenia and Croatia, but those two Member States are required, under Article 4(3) TEU, to strive sincerely to bring about a definitive legal solution to the dispute consistent with international law

Generics (UK) and Others
Competition
The Court of Justice clarifies the criteria governing whether a settlement agreement with respect to a dispute between the holder of a pharmaceutical patent and a manufacturer of generic medicines is contrary to EU competition law

Commission v Italy
Approximation of laws
Italy should have ensured that its public authorities complied, in their commercial transactions with private undertakings, with periods for payment not exceeding 30 or 60 days

Generics (UK) and Others
Competition
Advocate General Kokott proposes that the Court should find that an agreement in settlement of a dispute between the holder of a pharmaceutical patent and a manufacturer of generic medicinal products may be contrary to EU competition law