European Court of Justice (News)

Juan
DFON
The prohibition of double jeopardy does not appear to preclude the execution of a European arrest warrant against the person responsible for a fraudulent pyramid scheme set up in Spain and in Portugal

Belgium v Commission
State aid
Tax rulings: the tax exemptions granted by Belgium to companies forming part of multinational groups constitute an unlawful aid scheme

NADA and Others
Principles of Community law
Anti-doping and data protection: Advocate General Ćapeta considers that a national anti-doping authority which publishes personal data of a doped professional athlete on the internet is not in breach of the GDPR

Lin
Area of Freedom, Security and Justice

Combating fraud against the European Union’s financial interests: national rules on limitation periods for criminal liability must allow effective prevention and punishment

Lin
Area of Freedom, Security and Justice
Lutte contre la fraude aux intérêts financiers de l’Union européenne : les règles nationales de prescription pénale doivent permettre une prévention et une répression effectives

TT
Area of Freedom, Security and Justice
Wrongful removal of a child: although the court of the Member State in which the child was habitually resident has jurisdiction to rule on rights of custody, it may exceptionally request the transfer of the case to a court of the Member State to which the child has been removed

The Court’s videoconference system complies with data protection rules, says EDPS

YP and Others
National courts are required to disapply an act ordering, in breach of EU law, a judge’s suspension from his or her duties

Banco Santander
Approximation of laws
Variable interest rates based on Mortgage Loan Reference Indices (IRPHs) in Spain: consumers must be sufficiently informed of the method for calculating such indices

Xella Magyarország
Free movement of capital
The objective of ensuring the supply of gravel, sand and clay to the construction sector at the regional level cannot justify a restriction on the freedom of establishment

GN
Area of Freedom, Security and Justice
Advocate General Ćapeta: the execution of a European Arrest Warrant issued against a mother of small children may be refused when that is in the best interest of the child

Intellectual and industrial property
Advocate General Ćapeta: An international agreement that is denied direct effect due to its specific nature cannot have interpretative effect either
Advocate General Ćapeta: An international agreement that is denied direct effect due to its specific nature cannot have interpretative effect either

G GmbH
Approximation of laws
Collective redundancies: the employer’s obligation to communicate information to the authorities at an early stage of such a project is not intended to confer individual protection on workers

Commission v CK Telecoms UK Investments
Competition
The General Court must rule once more on the lawfulness of the Commission’s prohibition of the acquisition of Telefónica Europe (‘O2’) by Hutchison 3G UK (‘Three’)

IFIC Holding v Commission
Commercial policy
The General Court confirms the Commission's decisions authorising Clearstream Banking AG to comply with US sanctions imposed on Iran

Dyson and Others v Commission
Law governing the institutions
Advocate General Ćapeta: The Commission’s breach of the Energy Labelling Directive by adopting the empty bag test for vacuum cleaners is sufficiently serious

Austrian Airlines
Transport
Accidents on board an aircraft: the strict liability of airlines under the Montreal convention extends to inadequate first aid administered on board an aircraft

Bundesamt für Fremdenwesen und Asyl
Area of Freedom, Security and Justice
Revocation and refusal of refugee status: the Court of Justice clarifies the conditions for adopting such a measure with regard to a third-country national who is convicted of a crime

Puigdemont i Casamajó and Comín i Oliveres v Parliament
Law governing the institutions
The action brought by Mr Carles Puigdemont i Casamajó, Mr Antoni Comín i Oliveres and Ms Clara Ponsatí i Obiols against the decisions of the European Parliament to waive their immunity is dismissed

Meta Platforms and Others
Principles of Community law
A national competition authority can find, in the context of the examination of an abuse of a dominant position, that the GDPR has been infringed