European Court of Justice (News)

United Parcel Service v Commission
Competition
The General Court annuls, on the ground of a procedural irregularity, the decision by which the Commission refused to authorise the merger between UPS and TNT in the express small package delivery services sector

RPO
Taxation
The exclusion of digital books, newspapers and periodicals from the application of a reduced rate of VAT where they are supplied electronically is not contrary to the principle of equal treatment

Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main
Approximation of laws
The cost of a call to an after-sales telephone number must not exceed the cost of a standard call

France v Commission
State aid
The General Court confirms France must recover €220 million in aid granted to SNCM in respect of certain maritime transport services it provided between Marseille and Corsica

NF v European Council
Area of Freedom, Security and Justice
The General Court declares that it lacks jurisdiction to hear and determine the actions brought by three asylum seekers against the EU-Turkey statement which seeks to resolve the migration crisis

JingAo Solar and Others v Council
External relations
The General Court confirms the validity of anti-dumping and anti-subsidy measures for imports of solar panels from China

Statistics concerning judicial activity in 2016: the duration of proceedings continues its downward trend, to the benefit of citizens

Le Pen v Parliament
Law governing the institutions
The President of the General Court of the EU does not suspend the operation of the decisions of the European Parliament to recover from Mr Jean-Marie Le Pen, Mr Bruno Gollnisch and Ms Mylène Troszczynski sums paid in respect of salaries for local parliamentary assistants

Congregación de Escuelas Pías Provincia Betania
State aid
In the view of Advocate General Kokott, tax exemptions for Church-run schools do not, as a rule, breach the prohibition on State aid

Schmitt
Approximation of laws
The Court of Justice delivers its judgment in the case involving breast implants made of inferior quality industrial silicone

Avis au titre de l'article 218, paragraphe 11, TFUE
Law governing the institutions
The EU, acting on its own, may conclude the Marrakesh Treaty on access to published works for persons who are visually impaired

Carrefour Hypermarchés SAS v ITM Alimentaire International SASU

Comparative advertising based on prices as between shops having different formats and sizes is unlawful in certain circumstances

X and X
DFON
According to Advocate General Mengozzi, Members States must issue a visa on humanitarian grounds where substantial grounds have been shown for believing that a refusal would place persons seeking international protection at risk of torture or inhuman or degrading treatment

Minority SafePack - one million signatures for diversity in Europe v Commission
Citizenship of the Union
The General Court annuls the Commission decision refusing registration of the proposed European citizens’ initiative entitled ‘Minority SafePack - one million signatures for diversity in Europe’

Lounani
Area of Freedom, Security and Justice
An application for asylum can be rejected if the asylum seeker has participated in the activities of a terrorist network

Aloys F. Dornbracht v Commission
Competition
The Court of Justice dismisses the majority of the appeals brought by companies that participated in the cartel on the bathroom fixtures and fittings market

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