European Court of Justice (News)

Ledra Advertising v Commission and ECB
Economic policy
The Court of Justice confirms the dismissal of the actions for annulment and dismisses on the merits the actions for compensation concerning the restructuring of the Cypriot banking sector

Entry into office of new Members at the Court of Justice and the General Court of the European Union

Klyuyev v Council
External relations
The General Court of the EU confirms the freezing of funds of three Ukrainians, one being Viktor Yanukovych, former President of Ukraine, for the period from 6 March 2015 until 6 March 2016

Schmitt
Approximation of laws
Advocate General Sharpston considers that bodies monitoring the quality system of manufacturers of medical devices may be liable to patients for failure to fulfil their duties arising from EU product safety rules

Mc Fadden
SERV
The operator of a shop who offers a Wi-Fi network free of charge to the public is not liable for copyright infringements committed by users of that network

Morningstar v Commission
Competition
The General Court of the European Union confirms the Commission’s decision to accept the commitments of Thomson Reuters intended to remedy its abuse of a dominant position in the market for consolidated real-time datafeeds

SOPO
Recourse to successive fixed-term contracts to cover permanent needs in the healthcare sector is contrary to EU law

Globo Comunicação e Participações v EUIPO (marque sonore)
Intellectual and industrial property
According to the General Court of the European Union, the standard ringing of an alarm or a telephone may not be registered as an EU trade mark on account of its banality

Rendón Marín
Citizenship of the Union
EU law does not permit a national of a non-EU country who has the sole care of an EU citizen who is a minor to be automatically refused a residence permit or to be expelled from the territory of the European Union on the sole ground that he has a criminal record

Council v Front Polisario
Agriculture and fisheries
According to Advocate General Wathelet, neither the EU-Morocco Association Agreement nor the EU-Morocco Agreement on the liberalisation of trade in agricultural and fishery products apply to Western Sahara

Sun Pharmaceutical Industries and Ranbaxy (UK) v Commission
Competition
The General Court of the European Union confirms the fines of almost €150 million imposed on several undertakings in the context of an infringement intended to delay the marketing of generic versions of the antidepressant citalopram

According to Advocate General Mengozzi, the agreement on the transfer of passenger name record data, planned between the European Union and Canada, cannot be entered into in its current form

RPO
Taxation
In the view of Advocate General Kokott, the exclusion of electronically supplied digital books, newspapers and periodicals from the reduced rate of value added tax is compatible with the principle of equal treatment

GS Media
Approximation of laws
The posting of a hyperlink on a website to works protected by copyright and published without the author’s consent on another website does not constitute a ‘communication to the public’ when the person who posts that link does not seek financial gain and acts without knowledge that those works have been published illegally

ANODE
Approximation of laws
Security of supply and territorial cohesion are objectives of general interest which may justify State intervention in fixing the price of supply of natural gas

Commission v Greece
Law governing the institutions
Since it delayed implementing the EU law relating to waste, Greece is ordered to pay a lump sum of €10 million and a penalty payment of €30 000 per day of delay

Deroo-Blanquart
Environment and consumers
The sale of a computer equipped with pre-installed software does not constitute, in itself, an unfair commercial practice

Pilkington Group and Others v Commission
Competition
The Court of Justice confirms the fine of €357 million imposed by the Commission on Pilkington Group for its participation in the ‘car glass’ cartel

Petruhhin
DISC
A Member State is not required to grant every Union citizen who has moved within its territory the same protection against extradition as that granted to its own nationals

JZ
Area of Freedom, Security and Justice
The Member State that issued a European arrest warrant is required to consider, for the purposes of deducting the period of detention served in the executing Member State, whether the measures taken against the person concerned in the executing State have the effect of depriving a person of liberty