European Court of Justice (News)

Ministrstvo za obrambo
Freedom of movement for persons
The Court of Justice provides guidance on the instances in which the Directive concerning certain aspects of the organisation of working time does not apply to activities carried out by military personnel

Entry into office of a new member of the General Court of the European Union

Commission v European Food and Others
State aid
According to Advocate General Szpunar, the General Court erred in law in concluding that the Commission was not competent to examine, in the light of the law on State aid, compensation paid by Romania following an arbitral award

CB
Taxation
In the determination of the taxable amount of a transaction concealed by taxable persons for VAT purposes, the amounts paid and received as reconstituted by the tax authority must be regarded as already including that tax

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