European Court of Justice (News)

Cussens and Others
Taxation
The prohibition of abusive practices in the sphere of VAT is applicable regardless of a national measure giving effect to it in Member States

Commission v Poland
Environment and consumers
Poland must immediately cease its active forest management operations in the Białowieża Forest, except in exceptional cases where they are strictly necessary to ensure public safety

Lounes
Citizenship of the Union
A non-EU national may benefit from a right of residence in the Member State in which his EU citizen family member resided before acquiring the nationality of that Member State in addition to her nationality of origin

APVE and Others
Competition
Concertation on price and quantities between several organisations of agricultural producers and associations of such organisations may constitute an agreement, decision or concerted practice for the purposes of competition law

Schrems
Area of Freedom, Security and Justice
According to Advocate General Bobek, Maximilian Schrems may be able to rely on his consumer status in order to sue Facebook Ireland before the Austrian Courts with respect to the private use of his own Facebook account

Icap and Others v Commission
Competition
The EU General Court annuls in part the Commission’s decision against the Icap Group in the cartels relating to Yen interest rate derivatives

Egenberger
Principles of Community law
According to Advocate General Tanchev, occupational requirements set by religious organisations are subject to judicial review with respect to alleged unlawful discrimination on the basis of belief

Altun and Others
Social security for migrant workers
According to Advocate General Saugmandsgaard Øe, a national court may, in the event of fraud, disapply the social security certificate of posted workers in the European Union

Espadas Recio
SOPO
The method used in Spain to determine the basis for the calculation of the duration of unemployment benefit for ‘vertical’ part-time workers is contrary to EU law

Maio Marques da Rosa
SOPO
The weekly rest period for workers does not necessarily have to be granted the day following six consecutive working days

The English Bridge Union
Taxation
Duplicate bridge is not a ‘sport’ for the purposes of the VAT Directive and cannot therefore be exempt as such

POLBUD - WYKONAWSTWO
Freedom to provide services
Member States may not impose mandatory liquidation on companies that wish to transfer their registered office to another Member State

Shiri
Area of Freedom, Security and Justice
An applicant for international protection can rely, before a court or tribunal, on the expiry of the period laid down for his removal to another Member State

MP
Area of Freedom, Security and Justice
According to Advocate General Bot, the lack of appropriate psychological care in the country of origin of a person who was tortured there in the past is not sufficient to allow that person to claim subsidiary protection

B
Citizenship of the Union
According to Advocate General Szpunar, the acquisition of a right of permanent residence is a prerequisite of an EU citizen being able to qualify for enhanced protection against expulsion

Yanukovych v Council
External relations
The Court of Justice confirms the freezing of funds of Mr Viktor Yanukovych, former President of Ukraine, and of his son Oleksandr for the period from 6 March 2015 until 6 March 2016

Istanbul Lojistik
Transport
The Hungarian tax on motor vehicles is incompatible with the EEC-Turkey Association Agreement

A law that lays down, as a criterion for admission to a police school, a minimum height requirement irrespective of sex may constitute unlawful discrimination against women
Une réglementation qui prévoit, en tant que critère d’admission à l’école de police, une taille physique minimale indépendamment du sexe peut constituer une discrimination illicite envers les femmes

Entry into office of a new Member at the General Court of the European Union
Entry into office of a new Member at the General Court of the European Union

Review by the Court of Auditors of the management system of cases brought before the Court of Justice and General Court of the European Union