European Court of Justice (News)

Société des produits Nestlé v Mondelez UK Holdings & Services
Intellectual and industrial property
According to Advocate General Wathelet, EUIPO must re-examine whether the three-dimensional shape of the ‘Kit Kat 4 fingers’ product may be maintained as an EU trade mark

Egenberger
Principles of Community law
The requirement of religious affiliation for a post within the Church must be amenable to effective judicial review

Krüsemann and Others
Transport
A ‘wildcat strike’ by flight staff following the surprise announcement of a restructuring does not constitute an ‘extraordinary circumstance’ , releasing the airline from its obligation to pay compensation in the event of cancellation or long delay of flight

Commission v Poland
Environment and consumers
The forest management operations concerning the Puszcza Białowieska Natura 2000 site that have been undertaken by Poland infringe EU law

B
Citizenship of the Union
It is a prerequisite of eligibility for enhanced protection against expulsion that the person concerned must have a right of permanent residence

All European Final of the European Moot Court Competition takes place at the Court of Justice of the European Union in Luxembourg on 13 April

Valcheva
Area of Freedom, Security and Justice
Advocate General Szpunar proposes that the Court of Justice rules that in matters of parental responsibility rights of access include the rights of access of grandparents

Infineon Technologies v Commission
Competition
In the context of the cartel in the smart card chip market, Advocate General Wathelet proposes that the Court should set aside the judgment handed down by the General Court against Infineon Technologies and refer the case back to the General Court

PPC Power
Environment and consumers
EU law precludes a Slovak tax on the value of sold or unused greenhouse gas emission allowances at a rate of 80%

Swedish Match
Law governing the institutions
Advocate General Saugmandsgaard Øe proposes that the Court hold that the prohibition on the placing on the market of snus is valid

A and S
Area of Freedom, Security and Justice
An unaccompanied minor who attains the age of majority during the asylum procedure retains their right to family unification

Uber France
Approximation of laws
Member States may prohibit and punish, as a matter of criminal law, the illegal exercise of transport activities in the context of the UberPop service, without notifying the Commission in advance of the draft legislation laying down criminal penalties for the exercise of such activities

Banger
Citizenship of the Union
Advocate General Bobek: where an EU citizen returns to his Member State of origin, that Member State must facilitate the entry and residence of the citizen’s non-EU partner with whom he has created or strengthened family ties in another Member State

Pisciotti
DISC
A Member State is not required to extend a prohibition on the extradition of its own nationals to the United States to every EU citizen travelling in its territory

Judicial statistics 2017: the number of cases brought has once again exceeded 1 600

De Capitani v Parliament
Law governing the institutions
The European Parliament must in principle grant access, on specific request, to documents relating to ongoing trilogues

Menci
DFON
The ‘ne bis in idem’ principle may be limited for the purpose of protecting the financial interests of the EU and the financial markets thereof

La Mafia Franchises v EUIPO - Italie (La Mafia SE SIENTA A LA MESA)
Intellectual and industrial property
The mark ‘La Mafia se sienta a la mesa’ is contrary to public policy

Blanco Marqués
Social security for migrant workers
The pension supplement granted in Spain to workers suffering from total permanent incapacity is compatible with the receipt of a retirement pension from another Member State or from Switzerland

Crocs v EUIPO - Gifi Diffusion (Chaussures)
Intellectual and industrial property
The General Court confirms the cancellation of registration of Crocs’ design because it was made available to the public before its registration