European Court of Justice (News)

Ferreira da Silva e Brito and Others
SOPO
The Portuguese State will have to pay compensation to the employees of TAP’s former subsidiary, Air Atlantis

A2A
State aid
EU law does not preclude Italian legislation which, by reference to an EU regulation not in force at the time, provides for the application of compound interest to the recovery of State aid

Inuit Tapiriit Kanatami and Others v Commission
Approximation of laws
The Court of Justice confirms the validity of the regulation on trade in seal products

Groupe Steria
Freedom of establishment
The differentiated taxation of dividends received by the parent companies of a tax-integrated group depending on where the subsidiaries are established is contrary to EU law

Huawei Technologies
Competition
The bringing of an action for a prohibitory injunction against an alleged infringer by the proprietor of a standard-essential patent which holds a dominant position may constitute an abuse of that dominant position in certain circumstances

A
Area of Freedom, Security and Justice
The court called upon to decide on parental responsibility also has jurisdiction to rule on the maintenance allowance payable by one of the parents in favour of his or her minor children

Commission v Italy
Environment and consumers
As a result of its incorrect application of the Waste Directive in the region of Campania, Italy is ordered to pay a lump sum of €20 million and a daily late-payment penalty of €120 000

CHEZ Razpredelenie Bulgaria
Principles of Community law
The installation of electricity meters at an inaccessible height in a district densely populated by Roma is liable to constitute discrimination on the grounds of ethnic origin when such meters are installed in other districts at a normal height

Singh and Others
Citizenship of the Union
A national of a third country who is married to an EU citizen residing in a Member State other than the citizen’s own State can no longer enjoy a right of residence in that State where the EU citizen leaves that State before the commencement of divorce proceedings

Lanigan
Justice and Home Affairs
The expiry of the timelimits to take a decision on the execution of a European arrest warrant does not free the competent court of its obligation to adopt a decision in that regard and does not preclude, in itself, the continued holding of the requested person in custody

Chmielewski
Free movement of capital
By imposing a fine, the amount of which corresponds to 60% of the amount of cash which is undeclared when crossing an external border of the EU, Hungarian law infringes EU law

Maïstrellis
SOPO
By prohibiting a male civil servant whose wife does not work from taking parental leave, Greek legislation is incompatible with EU law

SLM v Commission
Competition
The General Court reduces the fines imposed by the Commission on three members of the European pre-stressing steel market cartel

Germany v Commission
SANT
The Court, in line with the General Court, confirms the Commission’s ban against Germany retaining its limit values for arsenic, antimony and mercury in toys

Commission v Ireland
SOPO
The Commission has not succeeded in establishing that Ireland has failed to fulfil its obligations under the Working Time Directive for Non-Consultant Hospital Doctors

InnoLux v Commission
Competition
The Court confirms the €288 million fine imposed on InnoLux for its participation in the cartel on the market for LCD panels

K and A
Area of Freedom, Security and Justice
Member States may require third country nationals to pass a civic integration examination prior to family reunification

Commission v France
State aid
France has failed to fulfil its obligations by failing to recover aid amounting to €220 million granted to SNCM for certain ferry services between Marseille and Corsica

Federcoopesca and Others v Commission
Agriculture and fisheries
Italian fishermen’s associations cannot challenge before the General Court an action plan providing for national measures in the field, inter alia, of swordfish fishery

France v Commission
State aid
The shareholder loan offered to France Télécom by the French authorities at a time when the telephone operator was undergoing a major crisis cannot be classified as State aid