European Court of Justice (News)

Villar Láiz
SOPO
The Spanish legislation on the calculation of retirement pensions for part-time workers is contrary to EU law if it is found to be particularly disadvantageous to female workers

Czech Republic v Parliament and Council
Industrial Policy
Advocate General Sharpston: the Court should dismiss the Czech Republic’s action against EU legislation introducing more stringent rules for the acquisition and possession of firearms

Syndicat des cadres de la sécurité intérieure
Freedom of movement for persons
National legislation may lay down, for the purpose of calculating the average weekly working time, reference periods which start and end on fixed calendar dates

Commission v Poland (Indépendance de la Cour suprême)
Principles of Community law
Advocate General Tanchev: the Court should rule that the provisions of Polish legislation relating to the lowering of the retirement age for Supreme Court judges are contrary to EU law

All European Final of the European Moot Court Competition takes place at the Court of Justice of the European Union in Luxembourg on 5 April

Verkehrsbetrieb Hüttebräucker and BVR Busverkehr Rheinland
Transport

Germanwings
Transport
An air carrier is only required to compensate passengers for a delay of three hours or more where an aircraft tyre is damaged by a screw lying on the runway if it fails to prove that it deployed all means at its disposal for limiting the delay of the flight

Germany v Commission
State aid
The Court of Justice annuls the Commission decision stating that the German law on renewable energy of 2012 (the EEG 2012) involved State aid

Commission v Spain (Article 260, paragraphe 3, TFUE - Crédits immobiliers résidentiels)
Environment and consumers
Advocate General Tanchev: The Court of Justice should find that Spain failed to adopt the necessary laws to comply with the directive on credit agreements for consumers relating to residential immovable property

slewo
Environment and consumers
Consumers’ right of withdrawal from online purchases applies to mattresses from which the protective film has been removed after delivery

SM (Enfant placé sous kafala algérienne)
Citizenship of the Union
A minor in the guardianship of a citizen of the EU under the Algerian kafala system cannot be regarded as a ‘direct descendant’ of that citizen

Spain v Parliament
Staff Regulations of Officials
Differences of treatment based on language are, in principle, not allowed in the procedures for selecting staff for the EU institutions.

Judicial statistics 2018: the Court of Justice and the General Court establish record productivity with 1,769 cases completed

Falck Rettungsdienste and Falck
Freedom of establishment
Public procurement rules do not apply to services for the transport of patients provided, in emergency situations, by non-profit organisations or associations

Commission v Italy
Environment and consumers
Italy has failed to fulfil its obligations under the directive on the landfill of waste as regards 44 landfill sites

Entry into office of new Members at the Court of Justice and at the General Court of the European Union

Arib and Others
Area of Freedom, Security and Justice
An internal border of a Member State at which border control has been reintroduced cannot be equated with an external border within the meaning of the ‘Returns Directive’

Blaise and Others
Agriculture and fisheries
Advocate General Sharpston: there is no factor affecting the validity of the Regulation concerning the placing of plant protection products on the market

Tjebbes and Others
Citizenship of the Union
EU law does not preclude the loss of the nationality of a Member State and, consequently, the loss of citizenship of the EU, where the genuine link between the person concerned and that Member State is durably interrupted

Izsák and Dabis v Commission
Law governing the institutions
The Commission erred in law by refusing to register the European citizens’ initiative aimed at improving the situation of national minority regions