European Court of Justice (News)

American Express
Freedom of establishment
A three party card scheme involving a co-branding partner or an agent is subject to the same restrictions as those applicable to four party schemes with respect to interchange fees

Louboutin and Christian Louboutin
Intellectual and industrial property
According to Advocate General Szpunar, a trade mark combining colour and shape may be refused or declared invalid on the grounds set out under EU trade mark law

Altun and Others
Social security for migrant workers
National courts may, in cases of fraud, disregard social security certificates issued to workers posted within the EU

Kühne + Nagel International and Others v Commission
Competition
The Court of Justice upholds the fines imposed by the Commission on a number of companies for their participation in cartels in the international air freight forwarding services sector

F
Area of Freedom, Security and Justice
An asylum seeker may not be subjected to a psychological test in order to determine his sexual orientation

Schrems
Area of Freedom, Security and Justice
Mr Schrems may bring an individual action in Austria against Facebook Ireland

F. Hoffmann-La Roche and Others
Competition
The agreement between the pharmaceutical groups Roche and Novartis designed to reduce the use of Avastin in ophthalmology and to increase the use of Lucentis might constitute a restriction of competition ‘by object’

Jahin
Free movement of capital
Income from assets of French nationals who work in a State other than a Member State of the EU/EEA or Switzerland may be subject to French social security contributions

Confédération paysanne and Others
Approximation of laws
According to Advocate General Bobek, organisms obtained by mutagenesis are, in principle, exempted from the obligations in the Genetically Modified Organisms Directive

EDF v Commission
State aid
The General Court of the EU upholds the Commission’s decision ordering France to recover €1.37 billion in the context of State aid granted to EDF

López Pastuzano
Area of Freedom, Security and Justice
A decision may not be adopted to expel a third-country national who is a long-term resident for the sole reason that he or she has been sentenced to a term of imprisonment of more than one year

Coca-Cola v EUIPO - Mitico (Master)
Intellectual and industrial property
Coca-Cola may oppose the registration of the sign ‘Master’ which uses the same font as its own for the marketing of beverages and food products

Coty Germany
Competition
A supplier of luxury goods can prohibit its authorised distributors from selling those goods on a third-party internet platform such as Amazon

Xiaomi v EUIPO - Apple (MI PAD)
Intellectual and industrial property
Apple succeeds in preventing the registration of ‘MI PAD’ as an EU trade mark in respect of electronic devices and (tele)communication services

MB
SOPO
Advocate General Bobek considers that a requirement in national law for a person who has changed gender to be unmarried in order to qualify for a state retirement pension is unlawful

M.A.S. and M.B.
FIN
The obligation to protect the financial interests of the EU must be reconciled with observance of the principle that offences and penalties must be defined by law

Liga van Moskeeën en Islamitische Organisaties Provincie Antwerpen and Others
Agriculture and fisheries
According to Advocate General Wahl, the requirement for ritual slaughtering without stunning to be carried out in an approved slaughterhouse does not infringe the right to religious freedom

Bilde v Parliament
Law governing the institutions
The General Court upholds the decision of the European Parliament to recover from Dominique Bilde MEP the sums paid for the employment of a parliamentary assistant on the grounds that she had not proven that work was in fact carried out by that assistant

King
Freedom of movement for persons
A worker must be able to carry over and accumulate unexercised rights to paid annual leave when an employer does not put that worker in a position in which he is able to exercise his right to paid annual leave

VCAST
Freedom of establishment
The making available of copies of television programmes saved in the cloud must be authorised by the holder of the copyright or related rights