European Court of Justice (News)

Ubezpieczeniowy Fundusz Gwarancyjny
Approximation of laws
The conclusion of a contract of insurance against civil liability in respect of motor vehicles is compulsory where the vehicle concerned is registered in a Member State and has not been officially withdrawn from use

Stadt Karlsruhe (Reconnaissance d’un permis de conduire renouvelé)
Transport
A Member State may refuse to recognise a driving licence that was merely renewed in a Member State after its holder had been prohibited from driving in its territory

Natumi
Agriculture and fisheries
EU law prohibits the addition of the alga Lithothamnium calcareum in the processing of organic foodstuffs such as rice- and soya-based organic drinks for the purpose of their enrichment with calcium

Austrian Airlines
Transport
The mere diversion of a flight to a close-by airport does not grant a right to flat-rate compensation

Chanel v EUIPO - Huawei Technologies (Représentation d'un cercle contenant deux courbes entrelacées)
Intellectual and industrial property
The General Court dismisses the action brought by Chanel against the registration of a Huawei mark on the ground that the figurative marks at issue are not similar

Repubblika
DFON
National provisions of a Member State which confer on the Prime Minister a decisive power in the appointment of members of the judiciary, while providing for the involvement of an independent body responsible for assessing candidates and providing an opinion, are not contrary to EU law

Consorzio Italian Management e Catania Multiservizi and Catania Multiservizi
DFON
Advocate General Bobek: the Court should revisit its case-law (the CILFIT criteria) on the duty of national courts of last instance to request a preliminary ruling

FBF
Law governing the institutions
Advocate General Bobek: The Court should declare the European Banking Authority Guidelines on Product Oversight and Governance Arrangements for Retail Banking Products invalid

Sumal
Competition
According to Advocate General Pitruzzella, a national court can order a subsidiary company to pay compensation for the harm caused by the anticompetitive conduct of its parent company in a case where the Commission has imposed a fine solely on that parent company

Stolichna obshtina, rayon "Pancharevo"
Citizenship of the Union
With regard to the recognition in the European Union of the parentage of a child of a married same-sex couple, Advocate General Kokott recommends that a balance be struck between the national identity of the Member States and the right to freedom of movement of the child and of his or her parents

IS (Illégalité de l’ordonnance de renvoi)
Area of Freedom, Security and Justice
According to Advocate General Pikamäe, on the basis of the primacy of EU law, a national judge must disapply any national legislation or judicial practice which undermines its power to refer questions to the Court of Justice

Netherlands v Council and Parliament
Agriculture and fisheries
The Court of Justice dismisses the action brought by the Netherlands against the ban on fishing by vessels using electric pulse trawls

Olympiako Athlitiko Kentro Athinon
SOPO
Public-sector workers placed, in certain circumstances, under the labour reserve system: the Greek legislation is not contrary to EU law

W. Ż. () and des affaires publiques de la Cour suprême - nomination)
Principles of Community law
Advocate General Tanchev: two newly-created chambers of the Polish Supreme Court are liable to fail the requirements established by EU law in a situation where the judges concerned were appointed to those positions in flagrant breach of the national laws applicable to judicial appointments to that court

Administration de l'Enregistrement, des Domaines and de la TVA
Taxation
The activity of protecting adults lacking legal capacity carried out by a lawyer constitutes, as a rule, an economic activity

Eutelsat
Approximation of laws
Internet connection service on board aircraft: a mobile satellite system which is principally based, in terms of capacity of transmitted data, on complementary ground components which are installed so as to cover the entire territory of the European Union is not necessarily incompatible with the European legislative framework

Ryanair v Commission (Finnair I; Covid-19)
State aid
Finland’s guarantee in favour of the airline Finnair to help it obtain a loan of EUR 600 million from a pension fund to cover its working capital requirements following the Covid-19 pandemic is compatible with EU law

Ryanair v Commission (SAS, Danemark; Covid-19)
State aid
Aid measures introduced by Sweden and Denmark for SAS for damage resulting from the cancellation or rescheduling of flights in the wake of travel restrictions caused by the Covid-19 pandemic comply with EU law

Sun Pharmaceutical Industries and Ranbaxy (UK) v Commission
Competition
The Court of Justice dismisses the appeals of a number of manufacturers of medicines involved in a cartel seeking to delay the marketing of the generic antidepressant citalopram

Carvalho and Others v Parliament and Council
Environment and consumers
The Court of Justice confirms that the action brought by families from the European Union, Kenya and Fiji against the EU ‘climate package’ of 2018 is inadmissible