European Court of Justice (News)

Sun Pharmaceutical Industries and Ranbaxy (UK) v Commission
Competition
The General Court of the European Union confirms the fines of almost €150 million imposed on several undertakings in the context of an infringement intended to delay the marketing of generic versions of the antidepressant citalopram

According to Advocate General Mengozzi, the agreement on the transfer of passenger name record data, planned between the European Union and Canada, cannot be entered into in its current form

RPO
Taxation
In the view of Advocate General Kokott, the exclusion of electronically supplied digital books, newspapers and periodicals from the reduced rate of value added tax is compatible with the principle of equal treatment

GS Media
Approximation of laws
The posting of a hyperlink on a website to works protected by copyright and published without the author’s consent on another website does not constitute a ‘communication to the public’ when the person who posts that link does not seek financial gain and acts without knowledge that those works have been published illegally

ANODE
Approximation of laws
Security of supply and territorial cohesion are objectives of general interest which may justify State intervention in fixing the price of supply of natural gas

Commission v Greece
Law governing the institutions
Since it delayed implementing the EU law relating to waste, Greece is ordered to pay a lump sum of €10 million and a penalty payment of €30 000 per day of delay

Deroo-Blanquart
Environment and consumers
The sale of a computer equipped with pre-installed software does not constitute, in itself, an unfair commercial practice

Pilkington Group and Others v Commission
Competition
The Court of Justice confirms the fine of €357 million imposed by the Commission on Pilkington Group for its participation in the ‘car glass’ cartel

Petruhhin
DISC
A Member State is not required to grant every Union citizen who has moved within its territory the same protection against extradition as that granted to its own nationals

JZ
Area of Freedom, Security and Justice
The Member State that issued a European arrest warrant is required to consider, for the purposes of deducting the period of detention served in the executing Member State, whether the measures taken against the person concerned in the executing State have the effect of depriving a person of liberty

Tomana and Others v Council and Commission
External relations
The Court of Justice confirms the restrictive measures imposed on Johannes Tomana, Attorney-General of Zimbabwe, and 120 other individuals and companies in Zimbabwe

Maschek
Freedom of movement for persons
When he himself puts an end to his employment relationship, a worker is entitled to an allowance if he could not use up all or part of his right to paid annual leave

Kotnik and Others
State aid
The Communication from the Commission on aid to the banking sector is valid

Tele2 Sverige
Approximation of laws
According to Advocate General Saugmandsgaard Øe, a general obligation to retain data imposed by a Member State on providers of electronic communication services may be compatible with EU law

The Court of Justice of the European Union adds its voice to the tributes paid to the victims of the attack of 14 July in Nice

Promoimpresa
Freedom of establishment
EU law precludes concessions for the exercise of tourist and leisure-orientated business activities on State-owned maritime and lakeside property from being extended automatically without any selection procedure for potential candidates

Germany v Commission
State aid
The General Court sets aside the Commission decision ordering Germany to recover from Deutsche Post part of the subsidies paid in respect of former civil servant postal workers’ pensions

Gutiérrez Naranjo
Approximation of laws
According to Advocate General Mengozzi, the temporal limit on the effects of the invalidity of ‘floor’ clauses included in mortgage loan agreements in Spain is compatible with EU law

Bougnaoui and ADDH
Principles of Community law
Advocate General Sharpston considers that a company policy requiring an employee to remove her Islamic headscarf when in contact with clients constitutes unlawful direct discrimination

Genentech
Competition
The beneficiary of a patent licence must pay the agreed royalty even if it does not infringe the patented technology