European Court of Justice (News)

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

OTP Bank and OTP Faktoring
Environment and consumers
According to Advocate General Tanchev, a Member State legislative response to a ruling of the Court of Justice concerning the unfairness of contractual terms for lack of clarity is judicially reviewable

K.
Citizenship of the Union
The need for a restriction on the freedom of movement and residence of an EU citizen, or a family member of an EU citizen, suspected of having, in the past, participated in war crimes must be assessed on a case-by-case basis

Messi Cuccittini v EUIPO - J-M.-E.V. e hijos (MESSI)
Intellectual and industrial property
Lionel Messi may register his trade mark ‘MESSI’ for sports equipment and clothing

ANGED
Freedom of establishment
Regional taxes in Spain on large retail establishments are compatible with EU law

Senetic v EUIPO - HP Hewlett Packard Group (hp)
Intellectual and industrial property
Hewlett Packard can register the letters HP as an EU trade mark

Caisse régionale de crédit agricole mutuel Alpes Provence v ECB
Economic policy
The General Court declares that the same person may not occupy at the same time the post of chairman of the board of directors and that of ‘effective director’ in credit institutions subject to prudential supervision

MP
Area of Freedom, Security and Justice
A person who has in the past been tortured in his country of origin is eligible for ‘subsidiary protection’ if he faces a real risk of being intentionally deprived, in that country, of appropriate physical and psychological health care

One of Us and Others v Commission
Law governing the institutions
The General Court confirms the decision of the Commission not to submit a legislative proposal in the context of the European citizens’ initiative ‘One of Us’

Councils and mise en relations (CMR)
Freedom of establishment
Commercial agents are entitled to the indemnity and compensation provided for even if termination of the agency contract occurs during the trial period

Société des produits Nestlé v Mondelez UK Holdings & Services
Intellectual and industrial property
According to Advocate General Wathelet, EUIPO must re-examine whether the three-dimensional shape of the ‘Kit Kat 4 fingers’ product may be maintained as an EU trade mark

Egenberger
Principles of Community law
The requirement of religious affiliation for a post within the Church must be amenable to effective judicial review

Krüsemann and Others
Transport
A ‘wildcat strike’ by flight staff following the surprise announcement of a restructuring does not constitute an ‘extraordinary circumstance’ , releasing the airline from its obligation to pay compensation in the event of cancellation or long delay of flight

Commission v Poland
Environment and consumers
The forest management operations concerning the Puszcza Białowieska Natura 2000 site that have been undertaken by Poland infringe EU law

B
Citizenship of the Union
It is a prerequisite of eligibility for enhanced protection against expulsion that the person concerned must have a right of permanent residence

All European Final of the European Moot Court Competition takes place at the Court of Justice of the European Union in Luxembourg on 13 April

Valcheva
Area of Freedom, Security and Justice
Advocate General Szpunar proposes that the Court of Justice rules that in matters of parental responsibility rights of access include the rights of access of grandparents

Infineon Technologies v Commission
Competition
In the context of the cartel in the smart card chip market, Advocate General Wathelet proposes that the Court should set aside the judgment handed down by the General Court against Infineon Technologies and refer the case back to the General Court