European Court of Justice (News)

The European Parliament and the Court of Justice of the European Union meet for their annual dialogue

AW "T"
Principles of Community law
Advocate General Spielmann: a national court is required to disregard, or find to be legally non-existent, the judgment of a higher court that does not meet the requirement of a tribunal previously established by law

Alace
Area of Freedom, Security and Justice
International protection: according to Advocate General Richard de la Tour, a Member State may designate safe countries of origin by a legislative act and must disclose, for the purpose of judicial review, the sources of information upon which that designation is based

Hamoudi v Frontex
Law governing the institutions
Action for damages against Frontex: AG Norkus analyses the allocation of the burden of proof in relation to the existence of damage in collective expulsion cases

Belgian State
Citizenship of the Union
A third-country national who is the parent of a Union citizen enjoys a derived right of residence for more than three months in the host Member State if he or she proves, first, that he or she was dependent on that citizen in his country of origin on the date on which he or she left that country and, second, that he or she is dependent on that citizen on the date on which his or her application for a residence card was submitted, if several years have elapsed between those two dates

Sangas
Area of Freedom, Security and Justice
The Member State of residence of a requested person cannot refuse to execute a European arrest warrant in order to ensure that person’s presence when the criminal proceedings are resumed

EPPO
Area of Freedom, Security and Justice
The procedural acts of the European Public Prosecutor’s Office (EPPO) that are capable of affecting the legal situation of the persons challenging them must be amenable to judicial review

The final of the "European Law Moot Court" competition will take place tomorrow at the Court of Justice of the European Union in Luxembourg

Wojewoda Mazowiecki
Citizenship of the Union
Advocate General Richard de la Tour: EU law requires a Member State to recognise the marriage between persons of the same sex concluded in another Member State and does not require the transcription of the marriage certificate in a civil register

Commission v Hungary
Approximation of laws
According to Advocate General Rantos, Hungary infringed EU law by refusing to renew Klubrádió’s contract for the use of the 92.9 MHz frequency and by excluding it from the call for tenders relating to that frequency

ASG 2
Competition
Compensation for harm caused by a cartel: national legislation preventing a group action for collection may infringe EU law

The President and Members of the European Commission give a solemn undertaking before the Court of Justice of the European Union

Royal Football Club Seraing
Sports arbitration: AG Ćapeta proposes that awards by the Court of Arbitration for Sport must be open to full review by national courts to ensure the compatibility of FIFA rules with EU law

Ministarstvo financija
Citizenship of the Union
Erasmus+ grant: the amount paid to a student should not be taken into account in calculating the income tax of the parent on whom that student is dependent

MegaFon v Council
External relations
War in Ukraine: the General Court confirms the restrictive measures adopted against the Russian mobile telephone operator MegaFon

Beevers Kaas
Competition
Competition law and distribution deals: The exclusive distributor must be protected against active sales in its territory by all the supplier’s other buyers

Mousse
Principles of Community law
GDPR and rail transport: a customer’s gender identity is not necessary data for the purchase of a transport ticket

Bindl v Commission
Law governing the institutions
The General Court orders the Commission to pay damages to a visitor to its ‘Conference on the Future of Europe’ website as a result of the transfer of personal data to the United States

Loredas
Freedom of movement for persons
Organisation of working time: domestic employers must establish a system enabling the duration of the daily working time of each domestic worker to be measured

Caisse d’allocations familiales des Hauts-de-Seine
Area of Freedom, Security and Justice
A Member State cannot exclude from the benefit of family allowances a foreign worker whose children, born in a third country, cannot prove that they have entered its territory lawfully