European Court of Justice (News)

Puigdemont i Casamajó and Others v Parliament
Advocate General Szpunar proposes that three grounds of appeal brought by Mr Antoni Comín against the judgment of the General Court dismissing his action against the waiver of his immunity by the European Parliament be rejected

Shipov
Advocate General Richard de la Tour: the Member State of origin of a transgender person is obliged to issue identity documents consistent with the persons lived gender identity

Safi
Advocate General Tamara Ćapeta: EU citizenship encompasses the right not to move

C.J.
Area of Freedom, Security and Justice
A judicial authority cannot refuse to execute a European arrest warrant and assume responsibility itself for the enforcement of the sentence without the consent of the State that issued that warrant

AW "T"
Principles of Community law
A national court must consider the judgment of a higher court that does not constitute an independent and impartial tribunal previously established by law to be null and void

EDPS v SRB
The Court of Justice clarifies the scope of the concept of personal data in the context of a transfer of pseudonymised data to third parties

Latombe v Commission
Principles of Community law
Data Protection: the General Court dismisses an action for annulment of the new framework for the transfer of personal data between the European Union and the United States

Zalando v Commission
Approximation of laws
The General Court dismisses Zalando’s appeal against the designation of its eponymous platform as a very large online platform

Royal Football Club Seraing
Football: the Court affirms the right, for clubs and players in particular, to obtain effective judicial review of arbitral awards made by the Court of Arbitration for Sport

Alace
Area of Freedom, Security and Justice
International protection: the designation of a third country as a ‘safe country of origin’ must be amenable to effective judicial review

The Minister for Children, Equality, Disability, Integration and Youth
Principles of Community law
Right to asylum: A Member State may not plead an unforeseeable influx of applicants for international protection in order to evade its obligation to cover asylum seekers’ basic needs

BAJI Trans
The principle of lex posterior mitius extends to a penalty classified as administrative under national law where it is of a criminal nature for the purposes of EU law

Volkswagen
Approximation of laws
A vehicle manufacturer cannot be exempted from its liability for an unlawful defeat device on the grounds that an EC type-approval has been granted

France v CWS Powder Coatings and Others
Approximation of laws
The Court of Justice upholds the annulment of the classification of titanium dioxide in certain powder forms as a carcinogenic substance

Banca Mediolanum
Taxation
Taxation: national legislation providing for tax being levied on more than 5% of the amount of the dividends that financial intermediaries receive, as parent companies, from their subsidiaries resident in other Member States is contrary to EU law

Veracash
Free movement of capital
Payment services: the payment card user is deprived of the right to obtain a refund of an unauthorised payment transaction of which he or she has become aware if he or she delayed in notifying it to his or her provider with intent or gross negligence

Daka
Independence of judges: the double appointment of judges to the Polish Supreme Court is compatible with EU law

Adrar
Area of Freedom, Security and Justice
Advocate General Spielmann: the court reviewing the lawfulness of the detention of an illegally staying third-country national must verify that the principle of non-refoulement does not preclude his or her removal