European Court of Justice (News)

Solemn undertaking before the Court of Justice of the European Union of four new Members of the European Court of Auditors

Korwin-Mikke v Parliament
Law governing the institutions
The General Court annuls the decisions of the Bureau of the European Parliament to impose penalties on the European MEP Korwin-Mikke due to comments made on the floor of the Parliament

Hassan
Area of Freedom, Security and Justice
When a person travels to a Member State after making a request for international protection in another Member State, the first Member State cannot decide to transfer that person to the second Member State before that second State has agreed to the request to take that person back

Wind Tre
Freedom of establishment
Advocate General Campos Sánchez-Bordona proposes that the Court of Justice declare that the mere omission to provide the user with information on the pre-installation of voicemail and internet-access services on a SIM card intended to be inserted into a smartphone does not constitute an unfair commercial practice if that user has previously been informed about the terms of access and the cost of those services

Valcheva
Area of Freedom, Security and Justice
The notion of ‘rights of access’ includes the rights of access of grandparents to their grandchildren

Wegener
Environment and consumers
The right to compensation for long delays of flights applies to connecting flights to third States with stopovers outside the EU

Commission v Italy
Environment and consumers
For having failed to implement EU law on the collection and treatment of urban waste water within the time-limit, Italy is ordered to pay a lump sum of €25 million and a fine of more than €30 million for every six months of delay

IR
SOPO
According to Advocate General Wathelet, the prohibition of discrimination on grounds of religion precludes a Catholic doctor who is Head of Department at a Catholic hospital from being dismissed because of his divorce and remarriage

Kreuziger
Freedom of movement for persons
Advocate General Bot proposes that the Court of Justice should hold that the mere fact that a worker did not apply for leave cannot automatically entail the loss of the right to an allowance in lieu of untaken leave at the end of the employment relationship

Bauer
DFON
Advocate General Bot proposes that the Court of Justice rule that EU law precludes national legislation which prevents the heirs of a deceased worker from claiming an allowance in lieu of outstanding leave

Liga van Moskeeën en Islamitische Organisaties Provincie Antwerpen and Others
Agriculture and fisheries
The Court confirms that ritual slaughter without stunning may take place only in an approved slaughterhouse

Bayer CropScience v Commission
Agriculture and fisheries
The General Court confirms the validity of the restrictions introduced at EU level in 2013 against the insecticides clothianidin, thiamethoxam and imidacloprid because of the risks those substances pose to bees

Karel de Grote - Hogeschool Katholieke Hogeschool Antwerpen
Approximation of laws
The EU directive on unfair terms in consumer contracts may apply to an educational establishment

AY
Area of Freedom, Security and Justice
According to Advocate General Szpunar, the Court is not competent to answer questions asked by the issuing judicial authority of a European arrest warrant on whether the executing authority can refuse to execute that warrant

Deutsche Lufthansa v Commission
Competition
The Commission must re-examine the request made by Lufthansa and Swiss concerning the waiver of their pricing commitments for the Zurich-Stockholm route

Esso Raffinage v ECHA
SANT
When assessing whether a registration dossier of a chemical substance complies with the REACH Regulation, the European Chemicals Agency must act in accordance with the procedures laid down by the regulation

K.A. and Others
Justice and Home Affairs
Requests for family reunification must be examined even if the national of a non-EU country, who is a family member of an EU citizen who has never exercised his right of freedom of movement, is subject to an entry ban

Čepelnik
Freedom of establishment
Advocate General Wahl proposes that the Court holds that national legislation requiring a recipient of services to provide security in order to secure a fine that might be imposed on a service provider established in another Member State for breach of a provision of national labour legislation is contrary to EU law

Abel and Others v Commission
The General Court dismisses the action for damages brought by almost 1 500 individuals following the adoption by the Commission of a 2016 regulation on pollutant emissions from vehicles

Ministerio Fiscal
DFON
Advocate General Saugmandsgaard Øe proposes that the Court should find that even criminal offences that are not particularly serious may justify disclosure of basic electronic communications metadata provided such disclosure does not seriously undermine the right to privacy