European Court of Justice (News)

Vilkas
Area of Freedom, Security and Justice
The authorities responsible for executing a European arrest warrant must, in the event of force majeure being established, set a third surrender date where the first two surrender attempts have failed on account of the resistance put up by the requested person

Almaz-Antey Air and Space Defence v Council
External relations
The General Court upholds the freezing of funds of the Russian company Almaz-Antey

Nausicaa Anadyomène and Banque d'Escompte v ECB
Law governing the institutions
The ECB is not bound to make good the loss allegedly sustained in 2012 by commercial banks holding Greek debt instruments in connection with the restructuring of Greek debt

The Gibraltar Betting and Gaming Association Limited and The Queen
Freedom to provide services
Advocate General Szpunar considers that the UK and Gibraltar are a single Member State for the purposes of the freedom to provide services

Toshiba v Commission
Competition
The Court confirms the fine of €82 million imposed jointly and severally on Toshiba and Panasonic/MTPD for their participation in the cartel on the market for tubes for television sets

Timab Industries and CFPR v Commission
Competition
The Court confirms the fine of nearly €60 million imposed on the Roullier group regarding the phosphates cartel

Gascogne Sack Deutschland and Gascogne v Union
Law governing the institutions
The EU is ordered to pay more than €50 000 in damages to the companies Gascogne Sack Deutschland and Gascogne as a result of the excessive length of the proceedings before the General Court

Commission v Breyer
Law governing the institutions
Advocate General Bobek proposes broader access to Court documents

Advocate General Sharpston considers that the Singapore Free Trade Agreement can only be concluded by the European Union and the Member States acting jointly

Commission v Aer Lingus
State aid
The Court confirms that Ireland must recover the sum of €8 per passenger from airlines benefiting from unlawful State aid

Council v Front Polisario
Agriculture and fisheries
The Association and Liberalisation Agreements concluded between the EU and Morocco are not applicable to Western Sahara

Tele2 Sverige
Approximation of laws
The Members States may not impose a general obligation to retain data on providers of electronic communications services

Vervloet and Others
Freedom of establishment
The guarantee granted by Belgium to the ARCO Group financial cooperatives infringes EU law

Gutiérrez Naranjo
Approximation of laws
Spanish case-law placing a temporal limitation on the effects of the invalidity of ‘floor clauses’ included in mortgage loan contracts in Spain is incompatible with EU law

AGET Iraklis
Approximation of laws
EU law does not, in principle, prevent a Member State from opposing collective redundancies in certain circumstances in the interests of the protection of workers and of employment

Commission v World Duty Free Group
State aid
The Court states that the General Court of the EU erred in law in setting aside the Commission decisions declaring a Spanish tax scheme incompatible with the internal market

Mondelez UK Holdings & Services v EUIPO - Société des produits Nestlé (Forme d’une tablette de chocolat)
Intellectual and industrial property
EUIPO must re-examine whether the three-dimensional shape corresponding to the product ‘Kit Kat 4 fingers’ may be maintained as an EU trade mark, according to the General Court

Infineon Technologies v Commission
Competition
The General Court dismisses the actions of Philips and Infineon in the smart card chip market cartel

TestBioTech and Others v Commission
Environment and consumers
The General Court confirms the legality of the Commission decision to dismiss as unfounded a request for review of a market authorisation decision on products containing genetically modified soybeans

Depesme and Kerrou
Freedom of movement for persons
A child in a reconstituted family may be regarded as the child of a step-parent for the purposes of a cross-frontier social advantage