European Court of Justice (News)

Chief Appeals Officer and Others
Principles of Community law
Advocate General Ćapeta: an EU mobile worker’s mother can claim a social benefit without this calling into question her right of residence

Lufthansa Technik AERO Alzey
Area of Freedom, Security and Justice
The Court clarifies the concept of ‘exceptional circumstances’ permitting the competent judicial authority to stay the enforcement of a judgment certified as a European Enforcement Order

Rzecznik Praw Dziecka and Others (Suspension de la décision de retour)
EU law precludes national authorities being able, without needing to provide justification, to obtain the suspension of a final decision requiring the return of a child

HYA and Others (Motivation des autorisations des écoutes téléphoniques)
Approximation of laws
A decision authorising telephone tapping need not contain individualised reasons

Tráficos Manuel Ferrer
Competition
Actions for damages in respect of infringements of competition law: the relevant EU law does not preclude a national rule according to which, in the event that the claim is upheld in part, costs are to be borne by each party, who therefore bears half of the common costs

Commission v Italy
Law governing the institutions
The Court of Justice confirms the unlawfulness of two EPSO notices of competition restricting the choice of the second language to English, French or German

Belaeronavigatsia v Council
External relations
The General Court confirms the restrictive measures adopted against a State-owned enterprise managing the airspace in Belarus

Austrian Power Grid and Others v ACER
Energy
The Court confirms the enhanced powers of the European Union Agency for the Cooperation of Energy Regulators (ACER) to take individual decisions on cross-border issues

UniCredit Bank Austria
Approximation of laws
The consumer’s right, in the event of early repayment of his or her mortgage credit, to a reduction in the total cost of the credit does not include costs that are not dependent on the duration of the agreement

Carpatair v Commission
State aid
The General Court annuls the decision of the European Commission approving Romanian aid to Timișoara International Airport in favour of Wizz Air

Aquind and Others v Commission
Internal energy market and Union list of projects of common interest: General Court dismisses the Aquind group’s action

Confédération paysanne and Others (Mutagenèse aléatoire in vitro)
Approximation of laws
Techniques of genetic modification: the Court specifies the status of in vitro random mutagenesis having regard to the GMO Directive

Spain v Commission
State aid
State aid: the Court annuls in part the Commission’s decision on the ‘Spanish Tax Lease System’

Freikirche der Siebenten-Tags-Adventisten in Deutschland
Public subsidies paid to denominational private schools may be reserved for churches and religious societies recognised by the Member State concerned

Puig Gordi and Others
Area of Freedom, Security and Justice
An executing judicial authority may not, in principle, refuse to execute a European arrest warrant on the basis that the court called upon to try the requested person in the issuing Member State does not have jurisdiction to do so

Solemn undertaking before the Court of Justice of the European Union given by six new Members of the European Court of Auditors

Inspecţia Judiciară
External relations
Judicial Disciplinary Bodies: according to Advocate General Collins, EU law precludes national legislation making the Deputy Chief Inspector responsible for overseeing the investigation of complaints against the Chief Inspector

Ministerstvo na vatreshnite raboti () and génétiques par la police)
Principles of Community law
The systematic collection of biometric and genetic data of any accused person in order for them to be entered in a police record is contrary to the requirement of ensuring enhanced protection with regard to the processing of sensitive personal data

De Capitani v Council
Law governing the institutions
The Council must grant access to documents drawn up within its working groups relating to the legislative procedure concerning the amendment of the directive on the annual financial statements

Unilever Italia Mkt. Operations
Competition
Abuse of a dominant position: exclusivity clauses in distribution contracts must be capable of having exclusionary effects