European Court of Justice (News)

X (Mandat d'arrêt européen - Double incrimination)
Area of Freedom, Security and Justice
In order to ascertain whether the European arrest warrant against a person convicted in Spain for the offence of glorification of terrorism and humiliation of the victims of terrorism must be executed without examining whether that offence is punishable also in Belgium, the Belgian courts must take into account the length of the sentence imposed by the Spanish law applicable to the acts committed

Gómez del Moral Guasch
Approximation of laws
The Spanish courts must verify that the contractual term in mortgage loan agreements providing for the application of a variable interest rate based on the index of the Spanish savings banks is plain and intelligible

Google Ireland
DISC
The system of penalties relating to the Hungarian tax on advertising is not compatible with EU law

Vodafone Magyarország
State aid
The special taxes levied in Hungary on the turnover of telecommunications operators and of undertakings in the retail trade sector are compatible with EU law

Cases brought before the Court of Justice: new practice directions to parties

Commission v Greece (Pollution par les nitrates)
Environment and consumers
Greece is ordered to pay a lump sum of 3.5 million euros for having been slow in implementing EU law on the protection of waters against pollution caused by nitrates from agricultural sources

Constantin Film Produktion v EUIPO
Intellectual and industrial property
EUIPO must give a fresh decision on the application made by Constantin Film for registration of the sign Fack Ju Göhte as an EU trade mark

The Court of Justice takes formal notice of the United Kingdom’s withdrawal from the European Union

Slovenia v Croatia
Principles of Community law
The Court of Justice of the European Union lacks jurisdiction to rule on a border dispute between Slovenia and Croatia, but those two Member States are required, under Article 4(3) TEU, to strive sincerely to bring about a definitive legal solution to the dispute consistent with international law

Generics (UK) and Others
Competition
The Court of Justice clarifies the criteria governing whether a settlement agreement with respect to a dispute between the holder of a pharmaceutical patent and a manufacturer of generic medicines is contrary to EU competition law

Commission v Italy
Approximation of laws
Italy should have ensured that its public authorities complied, in their commercial transactions with private undertakings, with periods for payment not exceeding 30 or 60 days

Generics (UK) and Others
Competition
Advocate General Kokott proposes that the Court should find that an agreement in settlement of a dispute between the holder of a pharmaceutical patent and a manufacturer of generic medicinal products may be contrary to EU competition law

PTC Therapeutics International v EMA
Law governing the institutions
The Court confirms the right of access to documents contained in the file of a marketing authorisation application for a medicinal product

Privacy International
Principles of Community law
Advocate General Campos Sánchez-Bordona: the means and methods of combating terrorism must be compatible with the requirements of the rule of law

Rina
Area of Freedom, Security and Justice
Advocate General Szpunar proposes that the Court should rule that the victims of the sinking of a ship flying the Panamanian flag can bring an action for damages before the Italian courts against the Italian bodies which classified and certified that ship.

Commission v Hungary (Transparence associative)
Free movement of capital
Advocate General Campos Sánchez-Bordona: the restrictions imposed by Hungary on the financing of civil organisations from abroad are not compatible with EU law

The President and Members of the European Commission give a solemn undertaking before the Court of Justice of the European Union

Parquet général du Grand-Duché de Luxembourg
Area of Freedom, Security and Justice
Advocate General Campos Sánchez-Bordona: the judicial authority which issues a European arrest warrant must be fully independent and must not be subject to hierarchical constraints or to orders or instructions

Procureur-generaal (Mandat d'arrêt européen)
Area of Freedom, Security and Justice
AG Bobek: when assessing the maximum threshold period imposed by the Framework Decision on the European arrest warrant in order to surrender a requested person without verification of the criterion of double criminality, the relevant law of the issuing Member State is the one actually applicable to the case

AFMB and Others
Social security for migrant workers
According to Advocate General Pikamäe, the employer of lorry drivers employed in the international road transport sector is the transport undertaking which recruited those drivers for an indefinite period, exercises effective control over the drivers and actually bears the wage costs